Ex parte

Dr. Shekhar (Querist) 16 March 2014 This query is : Resolved
My wife who has deserted me is overseas and does not wants to come. In case I file the contested divorce case and she doesn't at all appears then generally in how many hearings the court decided the case as ex parte?

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Guest (Expert) 16 March 2014
Depends upon how long the opposite party is able to drag the case, if not willing to divorce.

Dr. Shekhar (Querist) 16 March 2014
The opposite is foreign national and has left country and has clearly expressed the intention for divorce and is not interested to come to India at all. So assuming not even a single hearing will be attended by her.

Dr. Shekhar (Querist) 16 March 2014
The opposite is foreign national and has left country and has clearly expressed the intention for divorce and is not interested to come to India at all. So assuming not even a single hearing will be attended by her. So in such maximum after how many hearing is generally the case be ex parte decided by court?

Rajendra K Goyal (Expert) 16 March 2014
Depends upon so many factors. No no. of dates can be specified.

Dr. Shekhar (Querist) 16 March 2014
Kindly mention 1 or2 factors on which the case might be not decided ex parte in 2 hearings when the petition is of cruelty and desertion and the opposite party does not at all reply and nor appears in the court self or through advocate.

ajay sethi (Expert) 16 March 2014
generally after 4 dates if Respondent dosent appear court may grant you exparte decree

Rajendra K Goyal (Expert) 16 March 2014
Courts are over burdened and proceed as procedure. It is doubtful it would reach to a conclusion to proceed ex-party in 1-2 hearing without following full procedure.

Kuummaar AS (Expert) 16 March 2014
These days ex-party is proceeded with after two hearings also provided the court is satisfied that service of summons has been proper.

Devajyoti Barman (Expert) 16 March 2014
In 1-2 dates of hearing your case would not be decided. Why are in so hurry.
You have tp wait for at least 4-6 dates.

T. Kalaiselvan, Advocate (Expert) 18 March 2014
the court should satisfy itself fully about proper service of summon to the respondent have been taken and need not take any more summons, after that only the court will decide about setting the respondent exparte to be followed by exparte evidence and exparte judgment.This process will take more than three months in a normal circumstance, however it depends on the court and the burden of work on it.

Ex parte

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