Ex-parte divorce
pankaj singh
(Querist) 05 April 2014
This query is : Resolved
i hav one child who is 2 and a half years old.and there is nothing in my relation ship i got married in 2010 in pressure. is ex-parte divorce is possible .because my wife is not ready for the divorce.i m fed up of my life i want a divorce.is one sided divorce is possible.if there is nothing in my life even my wife is abusing me so what can i do..
Nadeem Qureshi
(Expert) 06 April 2014
Dear Querist
if you wife will not be appear before the court then after proof of service and your ex-party evidence the court may pass an ex-party decree in your favour otherwise not.
feel free to call
Dr J C Vashista
(Expert) 06 April 2014
Marrying under pressure is no ground for divorce, read provisions of Section 13 of Hindu Marriage Act, 1956.
After filing petition for divorce, stage manage to serve notice to your wife, she will not appear, then you can proceed ex-parte, engage a local lawyer.
Rajendra K Goyal
(Expert) 06 April 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Ex-parte-divorce-464476.asp#.U0Db4VdRy_I
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
Marriage might have happened under pressure, but procreation of child could not have happened under any pressure (?) Exparte decree of divorce will be granted only if she chooses to not to appear before the court even after receiving notice to appear in the ensuing divorce case filed by you, what if, if she attends the court on the date of hearing and decides to contest the case?, Think the proper grounds for divorce, contact a local lawyer and proceed as per his advise.
V R SHROFF
(Expert) 06 April 2014
EX PARTE DIVORCE MAY OR MAY NOT BE GRANTED, EVEN IF YOUR WIFE DO NOT APPEAR. ONLY IF AVERMENT & EVIDENCE ON YOUR SIDE JUSTIFY DIVORCE, THEN ONLY DIVORCE IT CAN BE ALLOWED, OTHERWISE YOUR PETITION CAN BE REJECTED.
