Legal Question in Family Law in India
Application for restitution / divorce : I don't have my wife's address
Dear Sir:
I am a Hindu Male, Indian, 37 years of age, with clean habits. Married under a normal Hindu marriage in August 1996. Also registered at Marriage registrar office - Chennai.
My wife has left me 5 years ago in August 1999. While I desperately tried to reconcile, she refused to come back. Situation unchaanged till date.
I have a daughter - 6.5 years old - living with estranged wife
Every time I try a reconciliation, my wife gives some lame excuses and refuses to return
Now : She has shifted from her Chennai residence and gone away, WITHOUT telling me, WITHOUT giving any forwarding address. She is employed. ***Now I do NOT know where she is***
What should I do at this stage ?
- Can I claim desertion and ask for annulment of marriage
- If I go for CIVIL case at marrriage court, which address should I serve notice on ?
- What happens if I serve the notice on the last known address & the notice returns undelivered ?
Her x neighbours also tell me that she might have left India etc. She is employed and her parents are also supporting her. Is there any way to solve this. It may be very difficult for me to trace and find her out
any help is appreciated
Thanks
4 Answers from Attorneys
Re: Application for restitution / divorce : I don't have my wife's address
A.
You have not stated where your wife resided last known to you. i.e, whether with her parents in chennai address or seperately. since she had apparently left ( deserted you) you can file a case in the family court either for restitution of conjugal rights( which order is not obeyed within one year by your wife can entitle you to apply for divorce on that basis which is easy without proof of things like cruelty, desertion etc)
B.
If you want to file for divorce directly then you can file for divorce on the ground of cruelty/ dersertion which would require proof.
For both actions A or B, you can file the case with your wifes' last known address to you and in case she is not available you can publish the court summons in newspaper and get your order.
For filing case marriage invitation card, registration certificate, passport size photo, ration card, banks' statement as the case may be required.
S. Seshadri
Advocate, Aiyyangar & Associates,
7A, Queens Court, 130, Montieth Road, Egmore,
Chennai 600008 Phone: 28515229/ 9840320808/ 55687206
Re: Application for restitution / divorce : I don't have my wife's address
Yes, you can claim desertion and ask for annulment of marriage. The addresses for service of notice would be her last known address to you.If notice returns undelivered, the court may order for publication of notice in the daily and still if there is no appresance before the court by your wife the case will be decided ex-parte. You have also has an option of filing for restitution of conjugal rights. But before all these precedure to be adopted you have to issue a notice to your wife before approaching the court.
Re: Application for restitution / divorce : I don't have my wife's address
You have both the options:
-applying for divorce; and
- restitution of conjugal rights.
Re: Application for restitution / divorce : I don't have my wife's address
You may file for divorce on grounds of desertion. The service addrsss would be her last known address.If notice returns undelivered, the case may be decided ex-parte.
Alternatively, you may engage services of detective & intelligence people, who may be able to trace her where abouts.
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