Applying for divorce on presumption of death of the spouse
There are circumstances where it becomes essential for the individual to apply for divorce that is related to presumption of death. Divorce could be granted to the individual on the ground, where the respondent is not heard of being alive for about 7 years or more. This is by those who are near and dear of the person and is likely to have heard about the news naturally.
What is meant by presumption of death?
It is a legal term that is used in court for people who are not traceable for more than 7 years or so legally and are presumed to exist no more. The divorce lawyers in Chandigarh suggest that this presumption has been drawn by the fact that in case, the person is to live, and then he is sure to have communicated with any of his relatives or friends. However, the legal presumption is very much different from that of the presumption that goes according ancient Hindu law, which states that a period of 12 years needs to have lapsed before the individual is presumed dead. Advocate for divorce also states that the presumption under law provision is not quite rigid and in this case, death also could be presumed much before lapse of 7 years if proof of some special circumstances is provided before the court. There is a specific divorce procedure in Chandigarh followed, which one get to know by hiring qualified and experienced lawyers for divorce.
A good divorce lawyer also states that presumption could be rebutted if the person concerned has been heard for 7 year period due to some special circumstances, like absconding on charge of murder. It is possible to resound a decree nisi if the respondent is found to be alive before decree is made absolute. It is up to the petition and his qualified divorce advocate to prove the respondent’s absence for statutory period, without his/her being heard of his existence. It is required by the petitioner to provide particulars that relate to last cohabitation date, place and date where the respondent was last noticed at and the steps were taken for tracing the person. Reasonable search or inquiry related evidence is a must about the respondent when going to the court for filing divorce by the petitioner. However, once again, it lies on the person pleading to availing divorce to prove that respondent is alive.
How divorce lawyers in Chandigarh can help in this matter?
The qualified and well experienced lawyers would first study the case and understand the issue completely before owning it up. They would discuss with the client and find out the details of the case and try to know what happened to the person, who is absconding for a long time. They would look into why the divorce has been applied, the grounds on which it is to be applied and how the case needs to be handled, so that the person pleading it can get the results in his/her favor. This is where a reliable and good divorce lawyer comes into the picture.