• Divorce

I, an EXM, am separated from my wife for last 7 years (fm 2011 till date) as she didn't want to come with me to kolkata (our native place) where I was posted permanently. she stayed back at chandigarh where we resided after my retirement from the IAF. Except the academic documents and discharge book I left all marriage related documents with her at chandigarh thinking that I will come on leave and bring her to kolkata with my only daughter within few months. But she is absconding, s/off mob, fb etc. Not able to make any contact for last 7 years. Now it is clear that she doesn't want to stay with me. Need to be separated legally but there is no document (s) left with me. advice.

Further, I got a govt job at kolkata. filled up service documents as Married so Wife and daugher is my nominee but I am not able to produce any document but somehow managed to keep the document (service book) blank hoping positively but after waiting such long period it's understood that it's all over. Now kindly advise me how, not only for the service book/documents, I want to make myself legally separated from her (already separated mentally) . SOURANJAN BHATTACHARYA
Asked 8 years ago in Family Law
Religion: Hindu

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15 Answers

1) You can go for Mutual Consent Divorce and apply for the same in the court and its fast as compared to Judicial Separation.

2) And on your service book you can put your daughter name as nominee.

3) For your all documents you can ask to counselor to produce your wife all documents.

4) Try to go for one time settlement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

According to which custom and rituals you got married? Did you register your marriage? Under which Act?

Is your wife ready to get Divorce? Then you two can file for mutual Divorce.

But before that you two can give one last chance to each other to continue with your married life, happily. You two can Consult any marriage counselor for that.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

As she have deserted you you, you may file the annulment if the marriage on the ground of no whereabouts from last seven years.

You may get exparte decree and can change the record accordingly.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Respected sir ...

There's is very simple procedure for your problem as you have both the options available if you want her to be with you then you have to file a petition under section 9 of HMA seeking RCR from court..In that Court will order her to come to you and live with you...

Second option if you want to take divorce then file a petition under section 13-A of HMA seeking divorce decree from court...In the whole process you need not any documents you just need to to remember some important dates such as on which date you get married etc ...You have both the options available now it's upto you which type of petition you want to fill in court ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

File for divorce on grounds of mental cruelty and desertion

2) since your wife has refused to stay with you for last 7 years You are entitled to divorce on grounds of desertion

2) if your marriage is registered you can obtain copy of registration certificate from marriage registrar office

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. You are already separated from her. Do you now want to divorce her now legally?

2. If yes, then file a divorce petition on the ground of cruelty and desertion before the Court of either of the area where your marriage was solemnised, where you last resided together or where she is presently residing.

3. Before filing the divorce suit, you should send her notice at the place where you last resided together and if the said notice returns undelivered, publish it in two local Newspapers where she last resided after availing permission from the Court.

4. If she fails or neglects to appear, get the divorce suit heard ex-parte and decree passed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Sir since you have not seen your wife from.last 7 years and no.contact than you.can file divorce on ground of desertion and cruelty.

Also you can file an Affidavit if you donot have your marriage documents related to same.

Also after you can ask for amendment in service book nominations or.nomines can be.changed before.that.

You can sent notices to her on last known address to you and you last addressees you resided together, further a ad in.2 local newspapers can be given.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even then if she refuses to appear or donot appear an exparte.decree in your favour can be passed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Desertion up to 7 years is a good ground for divorce. The whole idea of a marriage is to strengthen your bond and raise your kids together. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The burden of proving this is on the woman. Failure to fulfill basic marital obligations, such as denial of company or denial of marital intercourse, or denial to prove maintenance will amount to willful neglect. It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter that is seemingly separated from the other.

So file a case for divorce under the ground desertion and cruelty. If she is not appear before the court you will get exparty divorce.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1. Seven years is pretty long time to stay separate from wife and its continuance makes it apparent that the marriage has been irretrievably broken down for all practical purposes.

2. If that is so then propose for mutual divorce with your wife as without her consent ehich is likely to come at a price the marriage can't be dissolves amicably and expeditiously.

3. However as long as marriage is not severed by a decree of divorce you will have to show your marital status as married or separated.

4. If mutual divorce fails to occur then you will have to file a suit for contested divorce suit.

5. For staying separate without filing a suit for divorce no legal proceeding is required to be filled.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Seek a divorce on the ground of desertion.

You qualify to obtain divorce on the ground of desertion since you've been abandoned for over 7 years now.

Post divorce, get your service book updated.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear client: your question and circumstantial evidence is very shocking.

Have you ever filed a missing person report against your wife or daughter.? Seven years not traceable ?? As per rule seven years( when a untraceable person is declared dead) starts from the date a missing person complaint is filed but in your case no such complaint is filed.

Mental divorse will make no good for you, actual execution through documents is required.

It is not possible to file a divorse petition when your wife is not traceable for last seven years and neither you have filed any missing person complaint.

Waiting for such long period of seven years & then to file a divorse petition against your untraced wife will make law enforment agencies suspicious against you.

Vijay Sahni
Advocate, Delhi
28 Answers

Hello,

File a case of divorce on the ground of desertion and cruelty.

Court will send notice to her address, and as and when she will not appear after 5-6 dates then the court will proceed ex-parte against her and will decree the suit in your favor.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Though your situation is highly suspicious and speaks of carelessness on your end, you can file a Petition on the ground of cruelty and desertion. Before that, i would, however, advise you to substantiate your case by writing letters/ emails, calling upon your wife's family, their relatives to ascertain your wife's whereabout to ensure that your Petition does not fall flat. As far as documents pertaining to your marriage are concerned, in the absence of the same, you can present affidavits of your relatives who were present at the time of the wedding to corroborate your claim of marriage.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

For whatever legal action you would like to initiate you need to possess documentary proof.

If you dont have proof for your marriage with her then you cannot seek even divorce without establishing your marriage with her.

You may contact your previous employer seeking the copies of yor marriage certificate you would have submitted to them for recording your marriage in their service records including the birth certificate copy of your child.

You have to construct your personal file by obtaining such certified copies from whatever sources you can.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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