How will i be able to get divorce from my husband as he is missing and i hav filed a missing complaint against him.

Situation : Sir/Mam, The day i got married to this gujrati guy,my inlaws hated me n withing 3months me n my husband took decicion n settled in mumbai virar.they blame me that i have separated there only one child,not only this they questioned my character many times to that i alwys told that u can have my phone n bring up the call details.as my father in law has good talks with police i m evry time afraid.my husband is missing from 13/04/18 n i hv filed a complaint on 14/04/18 to which today morning 17/04/18 his father called me n threated me to come to there place n have a look over his only son who is not feeling well.i already told them my father is suffering from cancer stage4 n wont be coming to that reply he said that he has filed a complaint in mumbai and gujrat against me that i torture his only son.sir there is a huge story behind this which cannot be explained over here.plz suggest me what can i do now.also m in a financial loss.how can i get divorce from him.i also dont want his maintenance or his property.. plz suggest help plzz..
Related Topics : Divorce Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:
  • Divorce by Mutual Consent
  • Contested Divorce

1. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.

Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

a) neither party has a spouse living at the time of the marriage

b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In DelhiMutual Consent Divorce is possible with in two to four weeks.

Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.

62 user found this answer helpful

Disclaimer : This answer is based on information given by you hence, It is just opinion of Lawyer. For specific answer you have to give details and facts and choose the Lawyer of your choice.

Lawyers: To answer this question, please Sign In to your account or wait for admin approval.

Most Viewed Lawyers