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Ashish mankad (na)     31 January 2018

Ex-parte divorce procedure

I got married in Dec 2015 under Hindu Marriage Act. My wife continued her pre-marital affair after our marriage too. After giving her 3-4 chances, she didn't stop and even didn't want to give divorce. So finally in 2017, we filed a case in court for divorce. Meanwhile we got to know that she flew to abroad on "single" marital status. No one from her side appeared for 3 hearings. In second last hearing, court had given order to put "cholu" on their home where court belief personally takes notice and apply it to their house. Even after that, neither girl nor her lawyer appeared for hearing. So court has now given order to close their side for argument and given date of next month. I just want to know what would be the next steps for ex-parte and how many hearings happen before court grants ex-parte divorce?



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 2 Replies

N.K.Assumi (Advocate)     31 January 2018

Nothing, just attend the next hearing and court is likely to pronounced ex parte judgment. Non appereance of your wife shows that she does not bother with your divorce proceedings.

Vijay Raj Mahajan (Advocate)     31 January 2018

The court will record your ex-parte evidence, by way of your statement or affidavit and fix a short date for your argument after that order for divorce shall be pronounced, the certified copy of judgment, order and decree can applied and obtained by you.

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