sandeep (pvt service) 26 March 2016

What if wife does not file reply to amended petition

Hi experts,

please guide me.

i have filed for divorce on the grounds of cruelty,

wife filed her written statement (reply) in response to my divorce petition

after having filed my petition, after that, dv and 125 was filed on me.

i filed an amended petition, making additions in the main petition,

however, wife did not file her reply to my amended petition (amended petititon contains facts about DV and 125 being filed on me.and she taking away her stridhan articles away from the house

after that, she has stopped attending the court. even her lawyer is not attending the court.

i would like to ask.

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if she has not filed her reply to my amended petition, where i have placed facts of fase cases being filed on me 125 and DV, does it mean that she has accepted that facts which i have mentioned in the amended petition.?

since she is not appearing. will the judge wait for her. or pass an exparte order?

after her initial appearance, and filing of reply to my original petition. she is remaining absent. so in the event of an exparte order being passed. will the judge again set aside the order if she turns up after the exparte order?

will the court again send her a summon to appear. as she is not appearing?

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3 Replies

Vijay Raj Mahajan (Advocate) 27 March 2016

If your wife is not attending the court case proceedings in person or through her counsel, insist for the ex-parte proceedings against her. Your amended petition for divorce will be taken up for consideration and decided on the basis of your evidence recorded in the Family Court, her not replying the amended petition will taken up as being excepted as correct as her defense get struck down and divorce mater prosecuted as undefended by the family court, however if she appears in the court for setting aside the exparte proceedings or order that will be very difficult for her to get much relief so easily, however it will be her onus to prove what kept her away from defending the divorce proceedings in between when she left it.

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 27 March 2016

I am of the opinion that a party can only be proceeded ex parte if there is a non appearance on the first date of hearing fixed as per the summons . Once the party has entered appearance on the first date, he may not be proceeded ex parte against . However his right to carry out whatever was supposed to happen that day shall be closed . There is a landmark judgement of Sajjan Singh to this effect as well . In case she has not filed a reply to the amended petition , then her right to file the written statement to your amended petition shall be closed .

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sandeep (pvt service) 27 March 2016

thank you mahajan sir and mr augustine.....

@mr augustine,.......as per your replybelow

. Once the party has entered appearance on the first date, he may not be proceeded ex parte against

i couldnt understand your reply. do you mean that exparte cannot be granted in my case?

i wanted to know, cant i get an exparte order?

also. my lawyer said that. we can apply for a 'no say' order

what does no say order mean. and under what provision of law is it applied.....

thank you experts.............