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BALAJI   14 February 2016

Ex-parte divorce

Is it advisable to go for ex-parte divorce under dessertion grounds being filed by my wife as she is not agreeing for mutual consent? Does it cause any problem in future? Is there a way to tell the judge that Iam ready for divorce decree but without any allegations? Please advice.


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 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 February 2016

There shall not be a problem . However if there is an application for maintenance, then the same shall also be decided ex parte and maintenance shalll be awarded without giving u an opportunity to oppose the same . Also not denying the allegations properly might hamper your chances of availing bail in the eventuality of a criminal case . Even if you tell the judge that you want to settle mutually , the judge may only persuade her . But he cannot compel her to settle . Depends on her . Go in with a strong defence so that you may be in a better position to negotiate and hence arrive at a mutual settlement sooner.

hitesh   15 February 2016

Sir please advice. I have filed for divorce from my wife in June 2015 , but she is maintaining that the notice has not been served, but my advocate says notice has been sent to their address ( her parents place) thrice the 3rd notice sent from court was on 13st Jan, in the meanwhile she has filed domestic violence case on me on 20th Jan and hearing is on 29th Feb. My advocate says the court in next hearing will ask us to give paper advertisement and then again if she doesn't appear then divorce exparte will be granted. Can I get remarried after that. Please advice. Thanks

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