Adithya (SAP professional) 20 November 2015

Can exparte judgement be given in case of mutual divorce

Dear Experts,

My friend and her Husband have filed for mutual divorce and sometimes her in-laws skip the hearing . And hence the case has been going for more than 3 years , where many Judges have changed.

Is there any way for a quicker solution as simply she is losing precious time and peace of mind.

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4 Replies

saravanan s (legal advisor) 20 November 2015

That got to be contested and not mutual consent one as the latter couldn't be dragged on foryears as you had mentioned

Laxmi Kant Joshi (Advocate ) 20 November 2015

No exparte judgement cannot be passed in mutual consent divorce, it can be passed in contested divorce, if both are ready for divorce then move for mutual consent divorce and get rid from eachother why lingering the case.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 November 2015

Agreed with the opinion given above

T. Kalaiselvan, Advocate (Advocate) 26 November 2015

A divorce petition on mutual consent can be stretched to a maximum period of 18 months only, hence check it with your friend that what type of divorce case have they filed.