Ramesh 02 February 2018

Divorce petition

My wife filed divorce in state A under 13 1 i though I am ok for divorce but I am not ok for her demands. She filed dv and later filed 498. All the matters are pending. I filed a counter divorce in State B under section 13. She is not appearing in the court in state B though twice summons have been sent by court. though I am appearing in all cases in state A. Can I get ex parte divorce in state B. What should I do so that so that ex parte order is not set aside. I am not worried about other cases as I just want to get rid of her through divorce, other cases may go on.

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Vijay Raj Mahajan (Advocate) 02 February 2018

Assumptions and presumptions in court cases never work. Unless the court make order for ex-parte proceedings in your divorce case just don't ask any question . It's not that court will immediately pass ex-parte divorce order if you're wife doesn't appear in the court proceeding, the court takes it's time to pass any final order. There is no such thing that ex-parte order cannot be set aside so stop dreaming.

Sachin (N.A) 02 February 2018

Originally posted by : Ramesh
	My wife filed divorce in state A under 13 1 i though I am ok for divorce but I am not ok for her demands. She filed dv and later filed 498. All the matters are pending. I filed a counter divorce in State B under section 13. She is not appearing in the court in state B though twice summons have been sent by court. though I am appearing in all cases in state A. Can I get ex parte divorce in state B. What should I do so that so that ex parte order is not set aside. I am not worried about other cases as I just want to get rid of her through divorce, other cases may go on.

If you also want divorce there is no need to file seprate divorce petition. In same case where your wife's divorce petition is pending file reply denying all the allegations and also put conter allegations and pray for divorce.

Because prayer of both the parties are same, court can grant divorce. But court may order permanent alimony to your wife and you will still have to face all the pending cases. Better go for one time settlement by mutual consent