Yes, a spouse can seek divorce in Bengaluru if the other has been missing for several years, since Indian law specifically addresses this situation through the presumption of death provisions under Section 108 of the Indian Evidence Act (now reflected in the Bharatiya Sakshya Adhiniyam, 2023), which allows a person to be presumed dead if they have not been heard of for seven years by those who would naturally have heard from them if alive, enabling the other spouse to seek dissolution of marriage on this basis.

Beyond the presumption of death route, a missing spouse's prolonged and unexplained absence can also independently support a divorce petition on the ground of desertion under the Hindu Marriage Act, provided the absence has continued for the requisite two-year period and reflects an intention to permanently abandon the marital relationship, which is often reasonably inferred from an extended, unexplained disappearance without any communication or support.

To pursue divorce based on your spouse being missing for several years, you must gather evidence demonstrating genuine efforts to locate them, including filing a missing person's complaint with the police, any newspaper notices or public announcements attempting to trace them, testimony from family members confirming the lack of contact, and any other documentation establishing the duration and completeness of the disappearance. Bengaluru family courts require this evidence to ensure the presumption or desertion ground is genuinely established rather than being used as a convenient pretext.

If you are proceeding under the presumption of death provision, it is important to understand that this creates a legal presumption for the purposes of your divorce case specifically, and does not necessarily have broader implications unless separately established through appropriate succession or other legal proceedings. Consulting the team at Aapka Legal Advice can help you determine whether the presumption of death route or the desertion ground better suits your specific circumstances and evidence.

Given the procedural nuances involved in establishing either ground convincingly before the Bengaluru family court, obtaining a second opinion from a retired judge on the strength of your documentation and the most appropriate legal strategy can help you proceed with confidence. Bengaluru's experienced family law advocates and retired judges, available through Best Bangalore Lawyers & Retired Judges | Aapka Legal Advice, regularly assist clients navigating these prolonged absence divorce cases.

In conclusion, a spouse missing for several years provides valid and well-established grounds for divorce in Bengaluru, whether through the presumption of death or desertion, provided the disappearance and diligent search efforts are properly documented.