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How to File Divorce if Spouse is Missing or Abroad

Learn the step-by-step process to file for divorce in India when your spouse is untraceable or settled abroad.

Advocate Harshit Sachar

8/5/20251 min read

How to File Divorce in India if Spouse is Missing or Abroad

When your spouse is untraceable or refuses to return from abroad, filing for divorce may seem complicated. However, Indian law provides solutions.

Case 1: Spouse is Missing

Legal Grounds:

Under Section 13(1)(vii) of the Hindu Marriage Act, you can file for divorce if:

The spouse has not been heard of for 7 years or more by those who would naturally have heard of them.

Steps to File:

File FIR: Report spouse missing to police.
Collect Proof: Newspaper notices, witness affidavits.
File Divorce Petition: In family court citing Section 13(1)(vii).
Court Proceedings: Ex-parte decree possible if evidence is strong.

Case 2: Spouse is Abroad and Uncooperative

You can file divorce in India even if the spouse is abroad.

Steps:

Draft Divorce Petition: Based on valid grounds (cruelty, desertion, adultery).
File in Jurisdictional Court: Where marriage was solemnized or last resided.
Serve Notice Abroad: Through embassy or court-approved method.
Proceed Ex-Parte: If spouse doesn’t appear after repeated notices.

Important Notes:

Ensure foreign addresses are correct.
In case of mutual consent, video conferencing is allowed by some courts.

Conclusion

Absence of spouse, whether due to abandonment or being abroad, doesn’t block your legal rights. A skilled lawyer can help initiate the correct legal process and represent you through court proceedings.

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