Marriage petition u/s 13 (b) hindu marriages act
R Muralidharan
(Querist) 04 March 2012
This query is : Resolved
Petition for divorce filed by the husband. Petitioner side has finished examination of their part. when the Respondent was to cross examine, a petition was filed for divorce on mutual consent. The respondent objected to the part delivery of belongings by the petitioner in the court. Hence petition for mutual consent could not be processed and completed.
In the meanwhile petitioner files an application for decree of divorce which was dismissed as premature.
Can the court at this stage pass orders for divorce due to the continuous absence of the respondent in three consecutive hearings.
R Muralidharan
(Querist) 04 March 2012
The status of the query is open hence corrected
Raj Kumar Makkad
(Expert) 04 March 2012
In the absence of respondent, the court can proceed her as ex-parte and accordingly ex-parte evidence shall be taken on file which after due consideration may lead to ex-parte divorce.
R.K Nanda 
(Expert) 04 March 2012
At this stage court cannot pass order for
divorce but it can again issue a court notice to respondent to appear in case.
Kirti Kar Tripathi
(Expert) 04 March 2012
Mr. Nanda is correct. Unless court issue a notice to the other party and the same is not served legally, No Ex-patre judgment can be passed.
Shonee Kapoor
(Expert) 05 March 2012
The court can not proceed ex-parte at this stage. The court would issue a fresh notice after you withdraw your petition for MCD and file for contested divorce on available grounds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R Muralidharan
(Querist) 05 March 2012
Pl clarify whether at this stage the respondent can file an application conceding divorce without accepting the charges and allegations in the original petition since there seems to be no reconciliation between the parties and more than 4 years passed since the filing of petition for divorce
prabhakar singh
(Expert) 08 March 2012
If party is absenting in proceedings after its' appearance then court has right to proceed exparte as well as to pass exparte decree.
