Mumbai family court not granting ex parte divorce order

File writ petition in the High Court against the Presiding Judge of the Family Court for his misconduct and not following rules laid down. As far ex-parte evidence is concerned that is not much to be done but to give affidavit by the petitioner and judge of the Family Court has nothing to do other than to accept it and evidence of the petitioner closes for the purpose.

Originally posted by : Ask Legal
	Hi! My wife has deserted me from 2014. After multiple attempts of discussion, there was no outcome. In between, she changed her address and closed all communication channels.  Hence, I filed petition for divorce in 2017 in Mumbai family court. Baliff of Hon'ble court visited to the last known address and came to know that they have sold the property. Hence, my lawyer had news paper publication of the notice in standard format including petition # and date of next hearing. Even after all these attempts, Mumbai family court is not allowing me an ex-parte order. Judge is asking to present spouse at any cost.  I have really hard painful time from law/judge. Earlier it was from spouse and in-laws. My life seems going nowhere. I don't know the address and my hearing dates get pushed in a meaningless manner.  Is going to High court desirable, when I am told that, for the evidance I need to come to lower court again? I am confused, as to what to be carried out? Can you suggest the best possible action which I can adopt? Thanks!

Exparte orders court wont pass so easily, its the duty of your advocate to get exparte orders.  First change your advocate is you want to pursue this matter.

Apart from this, it is waste to approach High Court to give directions to lower court judge to pass exparte orders of divorce, even if you succeed in 1-2 years time, your wife always can challenge such order in High Court. And drag the matter for another 10 years.

You simply find some other girl and  move in, let it be a bond of understanding than something on paper.  Supreme Court already dissovled meaning of marrige by making adultery legal, is such case marriage and marrying does not hold any value, but getting divorce still holds value due to property and other issues like children etc.  But marriage has lost its value through court itself, so no need to  marry, what you need is divorce, that you may get by approaching high court, get orders from there some day and then lower court will grant exparte orders of divorce. 

In mean time find suitable girl, be open and dont hide anything, move on.  You will get divorce some day.  But change the advocate now.