What if wife does not file reply to amended petition

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.

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 .

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.............