Ex party divorce.

Legal & Social Activist

What is the legality of ex party divorce ?

 

After ex party divorce can one marry again legally ? 

 

What procedure is involved in this and how much time it takes if other party do not come ?

 

Please advise.

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Bi parte is the rule - ex parte is the exception (O 9 R1) Divorce by ex parte decree is passed only after taking ex parte evidence from the plaintiff. Once it is passed after the due requirements are fulfilled. Then it is as good as a bi parte decree.  

It can be set aside normally in 30 days ..... but can be done even after that by accompanying application for condonation of delay u/s 5 Limitation Act by giving sufficient cause. Courts liberally set aside such decrees normally.

 

Legally a person can marry 30 days after it is passed. However complications arise once it is set aside - the other marriage would become void. 


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Legal & Social Activist

So practically it has no use. Tx
 
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Worker

Thats why, never let marriage petitions decided ex parte.


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unemployed

Dear Ld. friend,

Does'nt the Ex parte concepts holds good in cases where the wife dont want to appear in the court & she too wants the divorce , without appearing in the court? in a way it seems like a easy way for the woman to get the divorce ,in short the man is free & the woman gets the divorce without facing the court,

your suggestions are welcomed, thanx

 
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If both of them wants divorce,they can file for MCD,which may take at least 6-7 months.

No person would want a divorce decree against him/her(Having treated other with cruelty),so one would not like to get ex-parte decree against himself / herself.

Moreover It may take same or more time for ex-parte decree.


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unemployed

Dear Ld. friend,thanls for your reply,you are right, but i know of a case where the couple are living separetly for the past few years and his wife has told him in clear cut terms that she will not appear before court under any circumstances at the most she might go for agreement of divorce(putting it on the stamp paper), so you see in this case scenario although she wants the divorce too , but she is not willing to appear at the court, this guy happens to be a friend of mine , so in this case other than ex parte decision what other options does he have?

 
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Worker

at the most she might go for agreement of divorce(putting it on the stamp paper), 

 

though such agreement can not be equivated to divorce decree, it can serve as agreement to divorce, which will offer 2 benefits

1) shielding husband against wife's alligations, if any

2) helpful in future in case if divorce is filed by husband in court on the ground of desertion / cruelty

so there is no harm in preparing such document.


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unemployed

thanx for your reply my friend

 
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unemployed

2) helpful in future in case if divorce is filed by husband in court on the ground of desertion / cruelty

so there is no harm in preparing such document------  

  in such a  case scenario how long will it take for him to take the divorce decree from the court? approximately how long?

 

 
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