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AYAN (SR. SUPERVISOR)     02 July 2010

ex parte divorce

i had filed a divorce against my wife my she did not responded. how can i get an ex parte divorce ? can anyone please advice about the step by step procedure for getting an ex parte divorce  decree? what could be the probable time to be taken for it?



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 5 Replies

Bobby Mani T (Lawyer)     02 July 2010

Once you have filed the petition, your wife has to appear and contest her case, else the court will set her exparty after the court is satisfied that the service of summons is proper.  You have to take proper steps

Parth Chandra (none)     02 July 2010

Ayan,

It won't be done that quickly.....Your wife may choose to initially not appear even after proper serving of summons and after a couple/tripple of dates may come for one date.....and then again don't come for some dates...will change the lawyer etc....and so forth

These tacticts are commonly use to delay the cases.

Parth Chandra (none)     02 July 2010

U can also use similar tricks (but to a limited extent) in the cases which she might have or may file against u (crpc 125/DV etc.)

N.K.Assumi (Advocate)     02 July 2010

Ex-parte divorce can be granted by the Court. But to make the ex-parte divorce decree valid there should be crystal clear foundation that one of the spouse intentionally fails to appear in the court to contest the case despite the notice issued by the Court. If you desire that the court passed ex-parte divorce decree see to it that sufficient notice was given to your wife and that she intentionally fails to appear in the court in which event the court will passed ex-parte divorce decree.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 July 2010

I do agree with Mr. Assumi.

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