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Procedure to file for divorce in case when address of spouse unknown
17-Feb-2023 (In Divorce Law)
Hi, I am living in Bangalore. Got married in 2013 and am separated since 2015. My wife left me when I refused to meet her unreasonable demands of cutting off from my family, friends, neighbors entire circle. its' been more than 2 years, there has been no communication, we tried a lot to convince her parents for Mutual consent divorce, but they don't give any clear answer. No cases filed so far. She is an MTECH, working in MNC bank in IT field in Bangalore (i don't know her current address). There is a joint property and joint loan also. I have paid 90% of costs. Loan is being repaid by me, after paying a few EMIs she stopped, no contribution to down-payments. A lawyer said since I don't know her current address in Bangalore, we will.send summons to old address (last residing place together) if no one receives, then we will put in newspaper. Finally chances are court will grant ex-parte divorce. - How to file for divorce since I don't have address, is what my this said really possible?
Sir,
In your problem you stated that you had made effort to serve the notice to her. Normally as you mentioned in your quarry the paper publication step is the final and once the paper publication is given it is presumed that notice is held sufficient.
Yes under the above circumstance your can get exparte divorce. Normally to the petition you need to mention her address as she last resided. so take steps to there and court may once again order for paper publication. After that on satisfying the reason of serving the notice, the court will pass exparte decree order.
In your problem you stated that you had made effort to serve the notice to her. Normally as you mentioned in your quarry the paper publication step is the final and once the paper publication is given it is presumed that notice is held sufficient.
Yes under the above circumstance your can get exparte divorce. Normally to the petition you need to mention her address as she last resided. so take steps to there and court may once again order for paper publication. After that on satisfying the reason of serving the notice, the court will pass exparte decree order.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Yes, it is possible, you can take divorce from court by filing divorce petition and take paper publication for service of summons to your wife. After the publication, your wife doesn't appeared before the court she will place ex parte.. Then you can take divorce easily.. All the best..
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Adv. Arunkumar B Badiger
Hubli | 25+ Answers
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