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Subarna Sardar   02 October 2017

Need information about ex perte divorce

My married took place on 11.12.2009. But my wife didnt wnt to stay with my parents. She left my house on 15.01.2013. In June 2015 I applied for divorce. She does not accepted any sumons. Later on in May 2017 court published advertisement in locan news paper. But she did not responded. Now I have hearing date in this month.

Kindly suggest what happend next. Will I get the divorce by default through ex perte?? what type of questions should be asked in hearing.



Learning

 12 Replies

Vijay Raj Mahajan (Advocate)     02 October 2017

The Family court being satisfied of newspaper publication of notice will proceed for ex-parte against the respondent and order for recording of your evidence and fix a date for it. After recording your ex-parte evidence the court shall hear the argument and decide the case.

Subarna Sardar   02 October 2017

Thank u Sir, for your reply. My hearing dated is in this month. My question is should I get one sided divorce?? What do you think after judging the present scenario.

manoj   02 October 2017

call me to solve your query at cell no 8686159292

Vijay Raj Mahajan (Advocate)     02 October 2017

You will definately get divorce provided you record in your statement/affidavit along with any or all photographs , documents etc that you relay for your evidence of all incidence of cruelty and desertion as mentioned in the divorce petition. Don't miss any even if your lawyer tells you, it may not be neccassry, I know the judge deciding even Ex-parte divorce cases go through each and every document place in the record as part of evidence.

Siddharth Srivastava (Advocate)     02 October 2017

If inspite of publication of notice, your wife does not appear on the given date then she will be proceeded exparte and the court thereafter will record you evidence and will pass exparte order decreeing the case.

Siddharth Srivastava (Advocate)     02 October 2017

If inspite of publication of notice, your wife does not appear on the given date then she will be proceeded exparte and the court thereafter will record you evidence and will pass exparte order decreeing the case.

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

when she failed to appear before the court inspite of paper publication she will be placed ex-parte.  You need not to worry. Next stage is your evidence, file your chief affidavit and after than judgement

Bhimrao Meshram   02 October 2017

I am satisfied with the legal advice given by you.I am very much thankful to you sir.

Adv Radhika Mehta (Advocate)     03 October 2017

As rightly advised hereinabove, if the Court is satisfied regarding the publication, the Court will proceed ex-parte. However, whether you will get a Divorce or not, depends upon how strong your case is, whether you have made out a case of cruelty or whatever other ground you seekimg Divorce on. 

Subarna Sardar   03 October 2017

She did not want to stay with my parents and leave me since 2013. Is not this a good cause for getting divorce?? After paper publishing she did not responded and court has approved for ex perte hearing. Now, how much time will take to get my divorce.

Subarna Sardar   03 October 2017

I have submitted my marriage registration certificate, marriage photo with affidafit in chip. Will any thing else is required as proof?? Or my evidance will taken as proof?? Please reply...

Adv Radhika Mehta (Advocate)     04 October 2017

Of course, the factum of her desertion can be considered as cruelty.  However, the Court has to be convinced that you, through the present petition, are not trying to take advantage of some wrongdoing on your part. The context of the entire situation and the presentation of facts has to be considered.  

Time cannot be specified per se as it depends from Court to Court. 

If you had written any messages, emails to your wife after 2013 and any other document which confirms what is stated by you in your Petition, he same is to be relied upon. 


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