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Wife eloped staying with someone else how to get divorce
16-Apr-2023 (In Divorce Law)
This case belongs to my friend.they are hindus by religion.he is married for 6 yrs and has a daughter aged 5 yrs.his wife quarrelled with him and in laws and then her parents took her to their house to explain her.after a week,she eloped frm her house with sm man.her parents filed a missing complaint and alleged that sm distant relative of theirs (who also happens to be wife's ex boy friend) took her away.after 2 mons, she came to the ps with her lawyer stating she went away willingly.she got married with out her concent and nw doesnt want to come back. it is clear that she eloped.wif's parents are not revealing her where abouts as they do not want any reltaions with her.but what is the situation of my friend. how do they go forward for a divorce?wife's where abouts are not known even to the police.husband did not file any complaint.what should we do?
Hello,
The husband can file for divorce under desertion ground. Had the husband filed a missing complaint that would have been better. However,it doesn't stop the husband from filing the divorce petition and seek permanent custody of his daughter. The husband should through the court, send the divorce notice to the wife's last known address. As the wife is not residing at the address, the notice will not be served to her. Then after processing the notice for 2 more times, the court will order for newspaper publication. Thereafter, divorce and child custody will be granted to the husband. This is a simple process and this will be over by 3-4months.
The husband can file for divorce under desertion ground. Had the husband filed a missing complaint that would have been better. However,it doesn't stop the husband from filing the divorce petition and seek permanent custody of his daughter. The husband should through the court, send the divorce notice to the wife's last known address. As the wife is not residing at the address, the notice will not be served to her. Then after processing the notice for 2 more times, the court will order for newspaper publication. Thereafter, divorce and child custody will be granted to the husband. This is a simple process and this will be over by 3-4months.
Helpful?
29+
29+
Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
It appears that the wife has run away with some one else.
Obtain copies of the FIR, wife statement etc from the police station directly or through court
Husband can based on documents file
1) a case of divorce and
2) Adultery against the man who is illegally living with the wife.
It appears that the wife has run away with some one else.
Obtain copies of the FIR, wife statement etc from the police station directly or through court
Husband can based on documents file
1) a case of divorce and
2) Adultery against the man who is illegally living with the wife.
Helpful?
40+
40+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Sir,
very sorry about the incident, here your friend can file divorce case mentioning his wife's parent's house address, when the notice is received by her parents, it is deemed that notice is severed and they will have knowledge about the case filed by your friend. on the date of appearance if his wife's comes it is good or she will be made exparte and exparte divorce will be granted. here wife's parents should give undertaking before the court that her daughter's where abouts are not known to them because in future there should not be any problem or they cannot change their words stating that they are not aware of filing of divorce case. After 3 months from getting divorce your friend can re marry again. you did not mention where is 6 years old daughter, with whom she is living.
very sorry about the incident, here your friend can file divorce case mentioning his wife's parent's house address, when the notice is received by her parents, it is deemed that notice is severed and they will have knowledge about the case filed by your friend. on the date of appearance if his wife's comes it is good or she will be made exparte and exparte divorce will be granted. here wife's parents should give undertaking before the court that her daughter's where abouts are not known to them because in future there should not be any problem or they cannot change their words stating that they are not aware of filing of divorce case. After 3 months from getting divorce your friend can re marry again. you did not mention where is 6 years old daughter, with whom she is living.
Helpful?
30+
30+
Adv. G Geetha Rani
Hyderabad | 25+ Answers
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