a judicial magistrate can not give order like this unless he has some documentary proof from your side that an order of proclaimed offender from the court of abudhabi further how can you get divorce order without filing any petition in court of law or why don,t you try to obtain a court order from abudhabi court that your husband is proclaimed offender and one you have that you can give it to passport office in mumbai or if required through judicial magistrate to pass port office
Husband absconding official divorce not done
I work in Dubai on employment visa. My Husband absconded and ran away from his job in Abu Dhabi in Dec 2010. Have two minor children studying in boarding school in India. No one to take care of my children. Unable to bring my children to Dubai during school vacation as my MINOR SON passport is not renewed. Pasport office needs COURT ORDER from FIRST CLASS JUDICIAL MAGISTRATE that I am single parent and my husband is absconding / missing and that I be given this order which can also be a official divorce order. Can I get help from any of the esteemed lawyers. I need this order from Mumbai as my sons original passport issued in Mumbai. Looking forward to support. Jenny mail : [deleted] +[deleted]
Asked 10 years ago in Family Law
Religion: Christian
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5 Answers
1) you can file for divorce in Mumbai if your marriage was solemnised in Mumbai or after marriage you had stayed in Mumbai
. 2) Under section 108 of evidence Act if your husband is missing for 7 years it is presumed that he is dead . in present case he is missing for 3 years only . i do hope that missing complaint has been lodged with Dubai police . obtain copy of police complaint lodged with dubai police
3) apply for divorce in Mumbai . on basis of divorce decree you can have your children passport renewed .
Hi,you can contact any advocate in this site who is practicing in Delhi.
1. The order of court holding you to be a single parent will subserve your interest insofar as renewal of your son's passport is concerned, albeit it cannot take place of a judgment of divorce. If you want divorce then you shall have to apply for divorce.
2. You must first obtain some document from your husband's workplace in Dubai which can vouch that your husband abruptly left his job therein. On the basis of this document you may apply to the Judicial Magistrate for the appropriate relief so that your son sails through the process of passport renewal. Alternatively, you may approach the High Court.
Consult a lawyer personally before chalking out your legal recourse.
Hope you have filed missing persons complaint with Abu Dhabi police. Get a copy of it and also contact his work place to seek any help they can provide in this regard. You can apply for divorce in Mumbai only if you have stayed here.
