Legal Question in Family Law in India

Re: illegal immigration and divorce

There are a few questions- (1) How do you know that she migrated to Australia, and (2) what is the religion of your Dad.

You can successfully file a divorce suit on grounds of desertion and cruelty, giving the last known address of the wife/respondent. Since the wife does not reside in the (last known) address, the summons will not be served and will be returned, after whi8ch you can apply for ex-parte hearing.

However, a cogent advise can be given after you furnish all details.

Re: illegal immigration and divorce

Dear Client,

It is clear from your statement that your mother illegally immigrated into Australia four years ago and that her whereabouts are not known to you and to your father. It is clearly a case of desertion by the wife. Your father could very well file a petition before the competent court for dissolution of marriage under Section 13 (1) (ib) of the The Hindu Marriage Act,1955. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a dcree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. Your father need not worry about harassment by police. He need not in his petition disclose that she she had illegally migrated into Australia. He could simly state in his petition that she had all of a sudden left his house and conjugal company four years ago (give the exact date) without his knowlegde or consent and never returned home or contacted him and that her whereabouts are not known to him. He must establish that she could not be found or contacted all these years. The court may order publication of notice of the divorce petition in a newspaper which is widely circulating in the locality where she last resided after leaving the house. The notice in the petition should first be sent to the address where she was known to have resided immediately after she left the house. Then if the notice from the court is returned unserved then your father shoud file an application for substituted service by making publication in a local newspaper. After complying with these legal formalities and after due enquiry the court would pass a decree dissolving his marraiage with your father.

If your father could wait for another three years he could have another additional ground for divorce under Section 13 (1) (vii) of the aforesaid Act namely, that his wife has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had she been alive.

It is incorrect to say that your father had to wait for 12 years for moving a divorce petition.

Lastly an advice, not legal. Why should your father get married now? Why should not he wait for some more time to see if your mother could return?

Re: illegal immigration and divorce

Living together without getting married is not an offence provided the girl is more than 18 years old.It will be advisable that they should get their marriage registered after 12 years.However it should not create any complications with regards to children etc.