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Q. Needed divorce but husband not traceable

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Anonymous

posted 5 months ago

Q.Needed divorce but husband not traceable
Hi, I had done love marriage under special act as on 2014 he was Muslim.. we were in same office. Once his family came to know about our relationship they forced him to leave me. He left his family and was staying with friends till the time we were together. Around 2 yrs we were together living on rent basis nerul.. he changed his religion legally in Hindu and name from HAZARAT ALI SHAIKH TO ADITYA SAWANT. my family excepted him and were supporting but at a same time his family was torturing us to get us separated they forced him to leave me... After some time first he started fluctuating his job and was saying there are some issue they are not giving salary and all.. after that he didn't went to his job for at least 2 months I asked him what's the issue why he is not going and all but he never told me anything.. we didn't have much financial backup so we had faced many financial issues like to pay rent, we had taken loan against gold jewellery from muthoot finance but that also he didn't clear it. On 10th Aug 2016 I went to my parents home for my medical treatment as I was suffering from typhoid he left me and gone and till he is not traceable no contact nor taking any of my responsibility. We don't know were he lives with whom, his address contact number n all... I can see him on what's app and on fb but not replying. Currently he blocked me... I don't know what can be done and how do I get divorced... It's been 3 yrs but neither he is coming or giving me divorce... Plz suggest me, guide me as I want to get out of this asap.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Ma'am
Do file a divorce case against your husband.
The general provision is that summons will be served upon him to make him know about such a divorce case. Such summons shall be served upon his permanent residence which should be mentioned in the petition. If the summons are duly served and he does not appear then after some time the court shall grant you an 'Ex Parte' or a one sided divorce.
If the court is of the opinion that such a person has changed address then summons shall be delivered there and the process of divorce should start.
In the end the court might ask you to do a paper publication so that the person concerned gets to know about the matter. If even after that he does not appear before the court, then, the court shall grant you a one sided divorce.
Thanks

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Bisweswari Mohanty

Experience: 20 Year(s)

Responded 5 months ago

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A. ) Dear client,
you can file divorce petition before the family court in your jurisdiction under section 27 0f special marriage act.you mentioned the permanent address of your husband in this petition.The permanent address of your husband must be available in your marriage certificate.after filing your divorce petition the summon will be issued by the family judge to your husband to be appeared before the court .so its better ple consult a lawyer in your jurisdiction and filed a divorce petition.

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Neeraj Kumar

Experience: 1 Year(s)

Responded 5 months ago

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A. ) IN THIS SITUATION YOU CAN FILE A DIVORCE PETITION ON THE GROUND OF DESERTION UNDER SECTION 13(1)(I) OF HINDU MARRIAGE ACT.

I HOPE MY ADVICE WILL HELP YOU.

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Advocate G.Santhosh

Experience: 4 Year(s)

Responded 5 months ago

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A. ) Please contact me

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Abhishek Srivastava

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Dear client,
facts are not yet cleared, you should have first file missing complaint of your husband, discuss in detail with advocate through vidhikarya.

Sincerely;
Abhishek Srivastava

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Pranali Dhage

Replied 5 months ago

Hi, thanxs for replying.
I had already filed missing police complaint as on 2016 to panvel police station but police didnt helped me... They told me we had traced his location living in panvel on PG but didnt helped me with his address...

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Abhishek Srivastava

Experience: 2 Year(s)

Replied 5 months ago

In this situation you may file divorce petition.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Madam,
You may just file a divorce case and after issuing paper publication you will get ex-parte divorce.

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

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Johnson Thangiah

Experience: 18 Year(s)

Responded 5 months ago

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A. ) Madam
Lodge police complaint against that person.

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Pranali Dhage

Replied 5 months ago

Hi, thanxs for replying.
I had already filed missing police complaint as on 2016 to panvel police station but police didnt helped me... They told me we had traced his location living in panvel on PG but didnt helped me with his address...

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Amit

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Very first thing you have to file police complaint to trace him and also required you to file for a maintenance under 125 Crpc and for divorce simultaneously.

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Pranali Dhage

Replied 5 months ago

Hi, thanxs for replying.
I had already filed missing police complaint as on 2016 to panvel police station but police didnt helped me... They told me we had traced his location living in panvel on PG but didnt helped me with his address...

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Mangesh Yeole

Experience: 4 Year(s)

Responded 5 months ago

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A. ) You can file divorce application u/s 27 of special Marrige act.

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