I want to file ex parte divorce decree for missing spouse

Question

I want to file ex parte divorce decree for missing spouse

18-Mar-2026 (In Divorce Law)

I want to file ex parte decree divorce but I don’t have any contact information of spouse. Pics of marriage or any witness not available as it happened in a temple. Phone with pics cannot be recovered as it is broken. I don’t have aadhar of spouse or any information. No last known address either. So in this case what should I do? I want to remarry so please help me in this situation.

Answers (5)

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Adv. Shashikumar K Adv. Shashikumar K

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Advocate Bhagya C H LawRato · Accepted Answer · 2026-03-18T17:03:58+05:30

Answer #2

I understand your questions you should take divorce from court then only you get marry another guy otherwise 2nd marriage is void. so you can file a case at court narrate the story about missing your spouse and file s marriage relavent documents luke marriage photes wedding card and your I d proofs along with this documents you spproch the court for desertion ground and cruslity you can get divorce from court

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Adv. Bhagya C H Adv. Bhagya C H

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2026-03-18T17:07:19+05:30

Answer #3

l presume you both are Hindus by community. While filing for divorce Court requires roof regarding marriage having taken placé. Also, there is no such thing as filing as a exparte decree divorce. Exporte is only when the other spouse receives notice but does not return a pin court .

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Adv. S.K Prabhakar Shetty Adv. S.K Prabhakar Shetty

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Advocate Dhanush Menon LawRato · Accepted Answer · 2026-03-19T19:43:43+05:30

Answer #4

You will need to file a missing person complaint. Whatever little detail you have of your spouse who is missing can be used there. Once the missing person is established, you can proceed to seek divorce on grounds of desertion and then proceed

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Adv. Dhanush Menon Adv. Dhanush Menon

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2026-03-20T13:15:10+05:30

Answer #5

The petitioner must file an application for Substituted Service. The court may permit the summons to be published in a widely circulated daily newspaper in the locality where the spouse last resided or where the marriage took place. Legal Presumption: Once the notice is published and the spouse fails to appear, the court can proceed ex parte. Proving the Marriage The lack of photos or a marriage certificate is a significant hurdle. You must establish the factum of marriage. Testimony from family members, the priest who performed the ceremony, or anyone who attended the temple wedding. Any secondary proof such as joint bank accounts, invitation cards if not get it printed.

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Adv. Kishan Dutt Kalaskar Adv. Kishan Dutt Kalaskar

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