what is ex parte divorce

Well there cannot be an ex-parte divorce just like that. An ex-parte divorce happens only when one spouse files a case for divorce and the notices of the said petition are sent to the other spouse; and the latter spouse fails to proceed in the said petition and does not proceed or takes any action to defend the petition. Then and only then the family court can proceed ex-parte. In simple words if Husband files for divorce and the wife remains silent and does not put her defence(as to why divorce should'nt be given) and does not bother to say anything or to appear in the court then the court may proceed ex-parte.

There has been a change in the opinion of judges (especially H.C) and there is a tendecy of not allowing/giving divorce just for the sake of it.

Hope i'm helpful to you.

Exparte divorce is the thing which can be obtained in the absence of the other party and the same can be obtained only after continuous absence in the Court

Simply put, Ex-parte means without hearing the other party.

Do not worry,nothing is going to happen like ex-parte divorce. As your sister intends to save the relationship,advise her to file complain under DVAct,to keep her husband under control.

as you told, if it is true, then you may consider 498a or dv act.

you already understood, from the above oostings,  - what is ex parte divorce.

Dear Abhinav,

Thanks for your help. i have heared if spuse will stay away from his house for some years even the he can file a sue for ex parte divorce. Because my sister's husband has consulted from his lawyer freind and he is staying away from his house. He says now he can file sue for the same. My sister is ery upset. She does no want distroy her relationshp. She has two kids and both the kids are minor she is afraid if her husband will give her divorce then she has to leave her kids with her husband because she not working but running a boutique.

I have told her to make a complaint against his husband. but she thinks she should try to save her relationship since she loves her kids lot.

Is there any other way we can stop her husband and his lawyer friend.

Please suggest

Regards

kiran

Dear Niranjan,

Thanks for for your valuable suggesstion. If she does so will her husband has to go to jail. Like my sister is trying her best to save her relationship for the sake of her two kids.

pls suggeast..

Regards

kiran

Arup,

Why would you want to suggest 498a or DV where the woman is trying to save the marriage? There are lot of false 498a women in this society, who were given such suggestions by their counsels, and these women have no idea, why they ended up ruining their own lives. After divorce, no one would marry such women again.

So in away it's a good means of self-destruction for ego headed women to ruin their own life, by following such suggestions.

WKB

Kiran ji,

I would not suggest you or your sister to go through Sec 498 A IPC.Cause in this type of cases genarly Victims are arrasted by Police .As  your brother in law is already threatening your Sis and asking for Divorce , he will become more violent.And your sister is also intrested in saving their relationship.So my suggetion is not go For 498A IPC unless the violence is for DOWARY.

Further you can go for  Protection of Women from Domestic Violence Act

This law recognizes the right of a woman to live in violence free homeand provides legal remedies if this right is violated.Legal remedies pertain to civil reliefs such as injunctions, compensationand monetary relief. There can be no arrests made on a complaint filed under this law.This is a civil law aimed at providing immediate support to women facing domestic violence. It is different from criminal law, which is directed at providing punishment to perpetrators of violence (those who commit violence) through imprisonment or fines.The advantage of a civil law is that it is victim-oriented and the woman is not dependent on the police to initiate action.

Dear Mr Shrivastava,

Thanks for your suggesstion. It is not DOWARY case.They both have done love marriage.We also do not want them to be sapated because their saparation disturb their life as well as their kids life. Someware their thaught process does not match.I had suggested them to take some advise from marriage councellor who can solv their problem. Her husband had never asked about dowary.

Any way it is really a helpful advice.

Thanks a lot.....................Kiran

Kiran , do not go with the words like 498A  DV . such words are darling of greedy lawyers. If ur sistr wants to save her marriage she hcan try settlement through relatives . If that is not possible ask her to file Maintenace . This is slow poisoning method. Nobody wants to share his/her hard earned money like this unless accumulated through ilegal means. Try to find out whether ur sisters hubby is not having affair . Seek high maintenace. Ask ur sister to close her boutique for some days and show that she has no sourc of income. Once a girl files 498A all chances of compromise vanish. Act with ur brain and not with the brain of greedy selfish lawyers.

Good luck kiran, but i dont think her husband will agreed for any counciling. So the better idea will be interfearance of elders mentiong that your choice was wrong and then he will realize his fault coz it was only her husband who choose the girl and love marriage.

If not sort out then ask with updates, we all are here to sort out problems.

Good luck.

Regards