Jagtar Singh Gill (Audit) 15 October 2016

Ex party divorce

I files divorce case under section 13(i). Wife has files case against me under section 125 and I am appearing personally there. Wife avoided summons 3 times. After 3 times summon i am publishing in newspaper (as court told me) because address is same on my case and her case.

Can i have ex party divorce iin this case if they didnt appear in next 2 hearing?

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5 Replies

Sachin (N.A) 15 October 2016

You must need to file written application before court to declare her ex-party on next date of hearing. if she or her lawyer is appeaing in the case of 125 crpc show that appearance proof and convince the court that she is intentionally avoiding proceedings of divorce case.

Jagtar Singh Gill (Audit) 15 October 2016

Originally posted by : Sachin
	You must need to file written application before court to declare her ex-party on next date of hearing. if she or her lawyer is appeaing in the case of 125 crpc show that appearance proof and convince the court that she is intentionally avoiding proceedings of divorce case.

I have already provided in the court proof of her lawyer's appearnce in 125 case. Next hearing of my case is with Newspapper publication.

(Guest)

You need to give application asking court to pass exparte orders.

sai narayana 16 October 2016

Why don't you serve a copy of summons to her or her lawyer on the date of Crpc 125 hearing provided both cases are running in same court.

ANAMIKA VICHARE (LAWYER) 16 October 2016

You can serve the summon through the court of Judicial magistrte where thecase of s.125 is pending or at the address mentioned in hers.125 appliaction by way of pasting order

one the summons is served and she does notappear you willgeta n order for exparte proceding then you file your affidavit of evidence list of docs and witnesses and also witnesses' affidavits

lastly written ote of arguments