If she wants divorce then she should file it on the ground of cruelty as she may not be having sufficient proof for proving adultery and he can be served on his last known address or through publication in newspaper.If he does not appear then he would be proceeded ex-parte and she will be granted divorce decree. Please feel free to call.
Divorce
My friend who is from Jamshedpur (Jharkhand) having love marriage in dec 2006 with a Gujrati man live in Vadodra . She have a 3 yr old son now. Her husband cheated on her and hided that this is his second marriage. Now again her husband trying for third marriage and when she catch him red handed. He escaped from house without any information silently. Nobody having idea where he is. Since 2-3 month he had done no contact with his wife and family. My friend want to get divorced but she has no idea how she can do it. because she have no idea where her husband and in laws are ?
Asked 10 years ago in Family Law
Religion: Hindu
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6 Answers
1) you should loge police complaint against your husband for cheating , criminal breach of trust .
2) police will be able to trace your husband .
3) hire a detective agency to trace your husband
4) file for divorce against your husband . if your husband cannot be traced for service of summons you can apply for substituted service by paper publication
1. You can file suit for divorce mentioning his last known address. It is permissible.
2.You can file criminal case u/s 498A, 494, 420, 506 IPC against your husband. he should be brought to books for his offences.
3. Once he is arrested file case of maintenance as well u/s 12 of PWDV Act. Do not let him go so easily.
Was this the second marriage of your friend's husband? If it is so, then your friend is not a legally wedded wife of that man. When the first marriage is subsisting and the spouse is living, the second marriage is null & void. Let your friend file a case of cheating, criminal breach of trust against her husband to prevent such a man from committing more such acts in future. Through relatives & friends let your friend try to locate her husband and also let her hire services of a detective agency to track down the cheat and file for divorce with the last known address and if the last known address is not available then let her give a paper publication. Your friend would have right for matrimonial home, maintenance and compensation.
file complaint under 494 . Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. First of all file a missing rweport with the Police,
2. Then file a complaint u/s498, 406, 420, 506 against him,
3. File a Divorce suit against him & send the notice to his last known address,
4. If the notice is returned, publish the said notice in newspaper,
5. Meantime, if he returns, talk to him amicably and file a mutual consent divorce.
