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Wife ran away from past one year wants to file for divorce
15-Nov-2023 (In Divorce Law)
Dear sir We have complected 4 yrs. of marriage . but we both just lived around 4 months together. Now she ran away for last 1 year. What should i do to break my marriage.
Dear for break mrg first of all u have to send her legal notice and ask her either she wants to live with u or not.if she is not agree for live togather than if she agree for divorce both have to file mutule divorce petition to court and get divorce and if she is not ready for divorce than only u have to file divorce petition to court.
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Adv. Prashant Chavda
Vadodara | 100+ Answers
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How do I get divorce if my wife is not agreeing?
If the wife denies divorce, then you can file for divorce on these grounds: Adultery. If the wife refuses to divorce you, then you may file for divorce based on one of the following grounds. Adultery. While adultery is not a crime, divorce can still be requested if the spouse has cheated on their partner by engaging in adultery.
What happens if my spouse doesn t respond to the divorce petition?
By refusing to participate, a spouse cannot stop divorce proceedings. You can prove your ex-spouse has been served divorce papers but has refused to cooperate by taking a few extra steps. In such cases, the court can proceed with the divorce. 08-Sept-2022
How do you deal with divorce when you don't want it?
Recognize it is OK to feel differently. ...
Take a break. ...
Do not go through it alone. ...
Take care of your emotional and physical health. ...
Avoid power struggles or arguments with your former spouse. ...
Explore your interests. ...
Think positively
What happens if court denies divorce?
If a divorce decree is rejected by an Indian court, it can be appealed. You can appeal to a higher court such as the High Court of India or the Supreme Court depending on your case and grounds for appeal.
what does it mean.ran away..Is there no trace of your wife?
Hope there will be parents and relatives of your wife.
What steps have you taken after she ran away from your life?
As you mentioned that ran away...then you must have taken steps at that time.
So contact a lawyer with details
Hope there will be parents and relatives of your wife.
What steps have you taken after she ran away from your life?
As you mentioned that ran away...then you must have taken steps at that time.
So contact a lawyer with details
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Adv. Suneeta Ramesh Shukla
Ahmedabad | 100+ Answers
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• As per the Hindu Marriage Act, the petition for divorce can be filed where marriage has taken place or where the two parties last lived together as husband and wife.
• Divorce- Hindu Marriage Act, Section 13 (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
• The work can become a lot easier if we can find out the address of the wife by-
Talking to mutual associations,
Contacting her employer,
Trying through Social Media etc.
• If this doesn’t work, it can be sent to her last known address by RPAD (Registered Post with Acknowledgement Due)
• She can also be sent summons to her last known address, I.e. her parents’ house, and they do not respond to it;
• If she still can’t be reached, the Court can be approached to send her notice.
• If she doesn’t respond to the summons of the Court, a summons is to be published in two local newspapers with widespread delivery, one in the vernacular language and another in English. This is when the summons is said to have been communicated to the party, irrespective of whether she’s subscribed to the newspapers or not.
• Divorce- Hindu Marriage Act, Section 13 (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
• The work can become a lot easier if we can find out the address of the wife by-
Talking to mutual associations,
Contacting her employer,
Trying through Social Media etc.
• If this doesn’t work, it can be sent to her last known address by RPAD (Registered Post with Acknowledgement Due)
• She can also be sent summons to her last known address, I.e. her parents’ house, and they do not respond to it;
• If she still can’t be reached, the Court can be approached to send her notice.
• If she doesn’t respond to the summons of the Court, a summons is to be published in two local newspapers with widespread delivery, one in the vernacular language and another in English. This is when the summons is said to have been communicated to the party, irrespective of whether she’s subscribed to the newspapers or not.
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Adv. Aftabhusen A Ansari
Ahmedabad | 25+ Answers
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you can approach the family court by filing divorce petition if you are living separately since last more than 1 year. there are various grounds for applying for divorce depending on their applicability to your case.
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Adv. Narendra Ramnani
Ahmedabad | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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