An absent spouse does not trap you in the marriage. It changes how the case is run, not whether it can be run.
The ground
Usually desertion under Section 13(1)(ib) of the Hindu Marriage Act, which requires abandonment without reasonable cause and without consent, continuing for at least two years. Separately, Section 13(1)(vii) provides a ground where the spouse has not been heard of as being alive for seven years or more by those who would naturally have heard of them.
Getting past service
The court cannot proceed until it is satisfied the respondent has been given notice. Where the address is unknown, the sequence is:
- Attempt ordinary service at the last known address, and file the returned summons or the process server's report.
- Attempt service at the workplace, the parents' address, and any other address you can establish.
- Apply under Order V Rule 20 of the Civil Procedure Code for substituted service, typically by publication in a newspaper circulating in the area where the respondent was last known to reside, and by affixture at the last known address.
- If there is still no appearance, the court proceeds ex parte and you lead your evidence.
Courts want to see genuine effort, and an ex parte decree obtained on sloppy service is vulnerable to being set aside years later under Order IX Rule 13, which is far worse than taking an extra two months now. Keep the police missing-person complaint, the returned envelopes, the process server's reports, and the newspaper copy on record.
The seven-year presumption
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 108 of the Evidence Act) allows a presumption of death where a person has not been heard of for seven years by those who would naturally have heard of them. Note carefully: this presumes death, it does not fix the date of death, which matters for succession.
If your spouse reappears
An ex parte decree can be challenged. That is precisely why the service record needs to be beyond criticism.