Wife remaining absent

And few more queries in continuation of above post

1. Can i get Ex parte Divorce ? If yes when will i get?
2. If i get Ex parte Divorce, what will be the status of DV case filed by her? 

On the next date in DV case you appear with an application for dismissal of the case for non-prosecution and if she will not turn up, file the application and get the case dismissed.  In divorce case, if notice has been properly served on her address, ask the court to order for ex-parte proceedings and if the judge does so, you will get the ex-parte decree within 3 months from that date.

What is your lawyer doing?

He should have asked magistrate to dismiss the DV application by now.

@ Adv Chandrashekar...

sir notice has been served to her. But everytime some different lawyer (proxy) is appearing on her behalf and giving some lame excuses and getting the next dates. Her actual lawyer has not yet appeared even once. 

If proxy advocates are appearing that does not absolve the defendant wife to escape the stringent clutches of procedural law set up for speedy disposal of the civil cases and more particularly matrimonial cases.  She should have filed her reply within the stipulated time as prescribed by law and if that period has expired, it is your (your advocate's) bounden duty to ask the court to proceed further by striking off the right to the defendant to file the reply to the petition. In the given facts, as counsel, even though he is a proxy, appearing for wife, ex-parte proceedings cannot be initiated but right to file reply/ws is refused to her.

In Family courts in A.P. some of the Judges are liberal in this aspect.  It is enough that either of them i.e. Advocate or party is present.  The Judges will not insist that the parties should appear compulsory along with Advocate.  I do not know about other states.   

Sir,

It is the right time you move the court for getting decreed exparte. In case of the domestic violence you move the concerned magistrate court for issuing fresh summons to the complainant . If she fails to appear inspite of receipt of the summons, you move for quashing before the High court.  

Thanks for the replies.

Sir, when only proxy lawyer is representing the divorce case, is it possible to go for ex parte proceedings ?? there are some different opinion in the above posts. Plz clarify my doubts

file 21B to expedite the divorce case

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp

in the divorce petition, get her right to file WS closed i.e. defense struck down.

divorce is a civil case.

she does not need to be present on all the dates.

her adv. can represent her

@ amit how to get the right to file WS closed ?

request the (i.e. - PRESS) court to close her right to file WS (ie - strike down defense) on the ground that 90 days are over.