How long does an ex parte divorce take in india
Querist :
Anonymous
(Querist) 28 October 2019
This query is : Resolved
My wife has left from me 4 yrs. back without knowing me and after that there is no response from them in any aspects we tried. I was unable to find them. Then after I decided legally and applied for divorce about 2 yrs. back and lawyer has served around 6 notices for their last known address, but no response has been received from them. Initially they took 1 notice and opened which is clearly visible with envelop cover but returned as mentioned person not available in current address and for further notices no response received yet.
Now what is the next step to follow to finalize this case. More how much time does it take to get ex- parte divorce in this case. Is there any way to speed up my case and get closed? Do we face any issues with ex-parte divorce in future?
KISHAN DUTT KALASKAR
(Expert) 28 October 2019
Dear Sir,
Alternatively you may try for substitute service by taking paper obligation under Order 5 Rule 20 CPC as follows. Further if ex-parte divorce is granting in favour of you then there are chances of your wife going in appeal to the High Court for setting aside.
Dr J C Vashista
(Expert) 29 October 2019
It's strange, you are not aware about the whereabouts of your wife, unbelievable statement.
Let your advocate request the Court for substituted service by publication in newspaper(s), it is procedure which your lawyer is well aware. However, if you are not satisfied with the performance of your lawyer change him/her immediately.
You are located "abroad" as can be inferred from heading of your query, isn't it? Where, since when and how are you connected with your in-laws, if your story is true?
P. Venu
(Expert) 29 October 2019
How is it that the lawyer, and not the court, has served the Notice?
