Ex-parte judgement in divorce case


After filing the divorce case, the first hearing date notice was received by my husband which was apparently a Sunday.. My advocate informed me that the case of Sunday shall be posted for Monday, so I appeared, but my husband did not. He was not aware... the court then gave a next hearing date... by which time we changed our residence.. so the second notice was not received by him nor did he appear... now the third date has been given... also which i am sure will not be received by him, as my advocate did not file in any papers for change of address... My ? is.. my adovcate says... after next hearing if he does not show up, the judgement will be passed as ex-parte and you will win the case....

Is the Advocate RIGHT!! As per the procuredure of the court after how many notice serving does the ex-parte judgement is given... My husband has received first notice, which is recorded in the court...

 
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Their is no time limit. If court thinks fit sufficient time has granted it can give exparty judgmant.what is Ur intention u want to live with him or not decision is urs.to continue suit or not

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One notice served on right address is sufficient to pass ex-party order against the opposite party. No need to issue another or additional notice. 

 
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N.A

Originally posted by : Rekha
After filing the divorce case, the first hearing date notice was received by my husband which was apparently a Sunday.. My advocate informed me that the case of Sunday shall be posted for Monday, so I appeared, but my husband did not. He was not aware... the court then gave a next hearing date... by which time we changed our residence.. so the second notice was not received by him nor did he appear... now the third date has been given... also which i am sure will not be received by him, as my advocate did not file in any papers for change of address... My ? is.. my adovcate says... after next hearing if he does not show up, the judgement will be passed as ex-parte and you will win the case....

Is the Advocate RIGHT!! As per the procuredure of the court after how many notice serving does the ex-parte judgement is given... My husband has received first notice, which is recorded in the court...

 

Your lawyer is not correct.

Court can pass exparty order against respondent even in first hearing if respondent doesn't appear.

But even after passing exparty order, it doesn't mean that you win the case as suggested by your lawyer. You still have to prove your allegations, If you can't prove your allegation through evidence, you will lose your case.

At any stage of trial your husband may file application for setting aside exparty order, which courts generally allows after implimenting some cost. 

 

 
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N.A

if you both are living in same house, or you have knowledge about his change of address and you have not shared it with court when court was issuing summons, it will be considered as your fault or order obtained through fraud.

 
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you can remarry now if the prescribed period lapsed..... don't worry ..9816374011
 
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When the notice is not served against the opposite party, the court will order for steps when the notice is not served on the opposite party. The steps should be taken by publishing in the daily news paper. Even after steps taken, if he not turn up the court will treat the party as ex-parte. Then the court will adjourn for the next proceedings. 

 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

 
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FIN

Your own very able LOCAL counsel specializing in Family/Civil matters of unshakable repute and integrity might have adviced that court may keep the case for evidence and then arguments and thereafter may pass the decree.

 
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