Time for exparte?

Also I have heard from this forum only that after newspaper publication, one should file a C.M.A. u/s. 151 C.P.C.

How will it help?

you move an application for newspaper  publication and once court approves, get it published.  If the opposite party does not appear on the date given in the newspaper, the court has to proceed exparte.

1. If wife wants no maintenance or alimony why don't parties settle their disputes and move for mutual consent?
2. Husband is likely to let you run around to get ex parte decree and then promptly come out of woodwork to appeal the decision. Court will grant appeal against ex parte orders and allow him opportunity to contest the case. 
3. All this cat and mouse can run for 5-10 years. Better to just talk it out with other party. 

Originally posted by : prabhakar advocate
	you move an application for newspaper  publication and once court approves, get it published.  If the opposite party does not appear on the date given in the newspaper, the court has to proceed exparte.

Sir,

Lawyer of wife is saying that after giving advertisement in newspaper, it will take again take around minimum 8 months as there are certain stages in cases which is to be followed.

Is it true? or if the date given in newspaper and husband does not appear on that particular date then court will pass an order??

Originally posted by : Vibha
	If wife wants no maintenance or alimony why don't parties settle their disputes and move for mutual consent? Husband is likely to let you run around to get ex parte decree and then promptly come out of woodwork to appeal the decision. Court will grant appeal against ex parte orders and allow him opportunity to contest the case.  All this cat and mouse can run for 5-10 years. Better to just talk it out with other party.

Dear Vibhaji,

Husband is not willing for mutual consent divorce.  He is just giving false promises to come for the mutual consent divorce but do not turn up to the court.  Wife also want to give mutual consent divorce but husband is not willing to give the divorce neither appearing on court dates.

Tareek pe tareek , tareek pe tareek 

My exparte happened in one case in the first hearing and another simple case it went till paper publication. Totally depends on the mood of the judge and your lawyers skill 

Originally posted by : kilimanjaro
	Tareek pe tareek , tareek pe tareek  My exparte happened in one case in the first hearing and another simple case it went till paper publication. Totally depends on the mood of the judge and your lawyers skill

Dear Kilimanjaro,

Can you please elaborate on the case where in you were awarded exparte on the first hearing?  Was it after newspaper publication?  It was under which section?

exparte will be given when the petitioner or respondent dont attend the hearing date.

It totally depends on the judge the case and your lawyer

There are cases where judge give exparte in the first hearing itself 

and there are also cases where judge send multiple summons followed by paper publication and the they give exparte .

Consult with your lawyer for more information about your case

Move an application under order 5 rule 20 of the CPC seeking permission for publication on the NDOH.  I dont think it will take 8 months to have the case decided ex parete after that. Usually after you produce the newspaper on record depicting the poublication made, the court shall proceed ex parte against the respondent.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Dear All,
 

Thank you for your valuable reply.

Now the lawyer is saying that after publication or service of notice to the respondent , it will take atleast 1 to 2 years to get the exparte order.

He is saying that there are 5 stages in divorce cases and in each case we have to close the respondents chance to produce any material of that particular stage.  He added that the judge will atleast issue 2 dates of months long in one stage, so as there are these much stages for exparte also it will take time.

Please suggest how much truth is there in this?