Divorce

Querist : Anonymous (Querist) 20 May 2010 This query is : Resolved
Hi,

In case there is a joint party between husband and wife and the wife doesnot appear in court inspite of summons does teh husband get ex-parte divorce decree? In that case what does the court decide about the joint property?

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Krishnamurthy Ramdas Iyer (Expert) 20 May 2010
Summons may be send 2-3 times.
generally court will not rush to make it ex-parte( in case of woman).
as far as joint property is concerned its division will be decided when prior to decree,when alimony etc. is agreed upon.

G. ARAVINTHAN (Expert) 20 May 2010
Family Court will wait for 2 or 3 hearings before passing any order

O. Mahalakshmi (Expert) 20 May 2010
both are correct.

Ashok Yadav (Expert) 21 May 2010
Court will wait, if the summon has served properly then after the court will move for ex-parte decree. Joint property matter shall not be decide by the court in the divorce petition. It depends upon the parties how they settle it. Otherwise they are owners of their respective shares.

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