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Husband absconding since 1 year


01-Apr-2024 (In Divorce Law)
Hello , My divorce case is going on since 2016. My husband is / was not giving maintenance neither to me and my daughter . and he is absonding since 2023 . filed missing complaint by his father in police station . married in 2012 and seperated since 2016. case is pending in the court almost more than 4 years. what i can do in this case to get free myself from this chaos. experts advice needed.
Answers (3)

Answer #1
599 votes
Hello, if the order of maintenance is passed by the Family Court then you have to file an execution petition for this order to get maintenance amount and in this same process his properties can be attached for payment of maintenance to you by court. Even though your husband is missing you can get divorce by amending the petition on the ground of no whereabouts of him for continuing period of 7 years as social death.
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Advocate Harshad Garud

Adv. Harshad Garud

LawRato Pune | 400+ Answers
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Answer #2
623 votes
If he has appeared in Court in the last 4 years and has gone absconding, you can put forth the same before the Court and state that ex parte decree for divorce be granted to you. You first seek liberty of the court for issuanace of publication of notice in newspaper.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRatoMumbai | 700+ Answers
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Answer #3
841 votes
Well, you have to wait, so that, your Husband can be traced by the Police. Once he will get traced, then, you can request Hon'ble Court to direct him to participate in Divorce Proceedings with his lawyer for the purpose of contesting Divorce with you. If he remains missing for at least 7 years or more, then, after such 7 years, legally in the eyes of law, he will be condsidered as a Dead person, which will pave your way to marry anyone else.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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