• How to get divorce from my absconding husband (Muslim law)

Me and my husband was married in may 2017 (we both are muslim) and since 2018 he left me and went back to his hometown and since then i am not aware of his whereabouts nor he have been providing any maintenance. we tried contacting him on his contact number, and local address but we couldn't reach him, when we emailed him he replied with abuses and initially didnt even recognise me. I do not want anything from him just a one sided divorce, as he has given consent for divorce over email but he is adamant in not physically meeting for the divorce . i do not want too many notices to go to his place as he has threatened to disrespect me and my family infront of the society which i have emails as proof of the entire ordeal, over the email he has given me three talaq and do not want any legal notice to reach his hometown as he doesnt want his parents involvement in the same and want you solve the matter in secretive manner, he is least bothered to give me divorce and wants the keep the matter hanging. after begging a lot over email he has given me an alternative address to send only one letter or notice or final paper to him. I request you to provide me a way out for the same where i do not have to send him any notice and just get once sided divorce and courier him papers regarding the same.
Asked 4 years ago in Family Law
Religion: Muslim

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19 Answers

You can file for divorce on grounds of cruelty under provisions of dissolution of Muslim marriage act 

 

2) if husband does does not appear in court inspite of service of notice you would get exparte divorce 

Ajay Sethi
Advocate, Mumbai
96860 Answers
7814 Consultations

A divorce notice has to be sent by him to you. As a Muslim woman you can ask for khula. Then he can set you free by divorcing you through notices. Triple talaq is illegal.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Please approach Police Station under whose Jurisdiction you reside in Kolkata and file case of Domestic Violence and Cruelty against your husband. 

After FIR, wait for a week then move before Kolkata High Court for Writ Petition under Articles 226 and 227 of Indian Constitution 1949 making Parties to Commissioner of Police Kolkata ,Local Police Station and Your Husband for the writ of habeas corpus seeking direction to Police to produce your husband before Division Bench of Kolkata High Court for divorce and settlement of your grievances against absconding husband. 

This way you may solve your problems against your husband. 

You have to appoint an Advocate who knows law very well to get your writ admitted before Kolkata High Court and secure direction in your favour as per the Statute and provisions under Indian Constitution 1949.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Don't worry.  This is not a valid Ralaq and hence you or marriage is still subsisting. 

2. On the contrary the instant triple talaq has been criminalised on the basis of this email you can initiate registration of FIR.

3. In addition you can start case under section 498A IPC as the marriage seems to have ended. 

4. For maintenance file case before PWDV ACT. 

Devajyoti Barman
Advocate, Kolkata
23205 Answers
512 Consultations

You can file a contested divorce in family court. Serve the notice to the last known address of his location and then proceed with the case. You will be given exparte orders in the said case

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

- Since you dont want to take any legal action against him , then you can file a divorce petition on the ground of cruelty and separation under the Muslim marriage dissolution Act. 

- Further , if he will not appear before the court , hence court will pass Ex-parte divorce decree in your favour , and the said decree is valid. 

- Further , you can also take Khula after approaching the Qazi , but better to take the divorce from the court. 

- You can file the said case from the same place where you are residing presently. 

Mohammed Shahzad
Advocate, Delhi
14460 Answers
221 Consultations

You can send notice at his last known address 

 

2) if notice is returned unserved court can direct substituted service ie paper publication in 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
96860 Answers
7814 Consultations

- You can mention his last known address in the case , i.e. your matrimonial house .

- The court is bound to serve the notice on last known address. 

Mohammed Shahzad
Advocate, Delhi
14460 Answers
221 Consultations

Yes contested divorce is without the consent of other side

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

You can file a divorce case under section 2 of Dissolution of Muslim marriage act,  1938.

You can send the summons to his last known address. 

After that you may request court to send the notice by substituted service,  I.e.  by a newspaper publication and then get an exparte divorce decree after deposing evidence from your side  

This will take hardly three to six months to get the case disposed. 

T Kalaiselvan
Advocate, Vellore
87056 Answers
2338 Consultations

You were advised to send notice to his last known address  and follow further procedures as per law. 

He need not be taken into consideration for informing about the divorce case. 

Let him know it or not,  you are following the legal procedures hence you need not be worried about it. 

T Kalaiselvan
Advocate, Vellore
87056 Answers
2338 Consultations

No problem ,Lodge a complaint about your missing husband. It is the duty of the Police to search and find your husband. 

In case they fail then move before High Court to get the direction to Police for production of your husband before High Court Bench by writ of Habeas Corpus under Articles 226 and 227.

After Police Produced your husband before High Court get all the details of your husband with direction to proceed with the process of Divorce by due process of law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Yes being a woman you can file the suit. 

2. On the basis of last known address you can file the suit. 

Devajyoti Barman
Advocate, Kolkata
23205 Answers
512 Consultations

File a criminal complaint against him for giving you triple talaq. The police will bring him back to you.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The divorce proceedings will be ex-parte as your husband has already absconded. I would also like to suggest you to file a case for maintenance under section 125 crpc.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Very easy file divorce with all his emails and he will be served a copy as per sc judgement 10.7.2020 and court will decide instantly his contentions

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Notice will issue on his last known address. Even if notice return undelivered, presumption of delivery of notice.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

1. You need to file divorce petition against your husband under The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce.

2. You can file divorce under ground that the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. Mention his alternate address in the petition and ask him to receive the summons when you file the petition even if he doesn't want to appear for divorce proceedings.

4. Once he receives the summons and doesn't come to court then court will proceed Ex-parte against your husband and grant you divorce after recording your evidence.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

1. You need to file divorce petition against your husband under The Dissolution of Muslim Marriages Act, 1939 deals with the situations in which Muslim women in India can obtain divorce.

2. You can file divorce under ground that the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. Mention his alternate address in the petition and ask him to receive the summons when you file the petition even if he doesn't want to appear for divorce proceedings.

4. Once he receives the summons and doesn't come to court then court will proceed Ex-parte against your husband and grant you divorce after recording your evidence.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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