Dowry

legal (Querist) 15 August 2013 This query is : Resolved
Dear All,

As its been 2 years my husband has gone abroad and never returned.His parents are also involved in it.FIR is Registered against his parents and himself under section 498a, 406 and 120b.

Now i want to know can i apply for ex party divorce. i don't want to stop this case and same time i want divorce also. is that possible if i take ex party divorce and remarry and let this case also run simultaneously.

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prabhakar singh (Expert) 15 August 2013
You can file divorce petition against him,after service of summons if he remains absent court would grant you exparte decree.

Dr J C Vashista (Expert) 15 August 2013
Divorce petition can be filed, if yur husband do not turn up in the Court, on receipt of notice, it shall be proceeded ex-parte.

Sudhir Kumar, Advocate (Expert) 15 August 2013
your responsibility is only to the extent that notice is served. It is for him to decide whether he comes or not.

Sudhir Kumar, Advocate (Expert) 15 August 2013
regarding criminal case, let her parents be in jail he will come flying down.

or else

let him be desperado and face red corner notice

Devajyoti Barman (Expert) 15 August 2013
You seem to be in great hurry in marrying second time and that too before taking divorce.
Ex parte divorce does not depend upon your wish. if after filing of divorce suit you husband doe snot turn up in contesting the suit then only the suit be turned into ex parte and you may get divorce.
Best of luck.

Guest (Expert) 15 August 2013
Ex-parte trial does not depend on individual's sweet will. Even judge cannot force ex-parte trial unless circumstances are so compelling.

You will have to bear with the formalities of trial process.