marriageguy (Designation) 21 September 2011

Ex-parte divorce ?

I got married in Jan 2010. After 2 weeks My wife & her family migrated to foreign country. She called me one day and told me she will be staying there and having no relationship with me.

I started filling divorce case in April 2011, So far court issued 3-4 summons, aparantly all of them rejected.

Question:

I am not too famillar with procedings. ideally in such case what's the estimated timeline to get decree from the court ?

Thanks,

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3 Replies

niranjan (civil practice) 21 September 2011

First of all get summons served then you can proceed exparte.

marriageguy (Designation) 21 September 2011

Ok. What's the approx time line after exparte?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 22 September 2011

Brother,

It is always tricky in when both parties are staying in diffirent countries.

I had once helped a guy in following fashion:

Took the notice Dasti in the name of a process server in that country, who delievred those notice and gave an affidavit of notice being served duly. Thereafter the court proceeded with ex-parte divorce.

This was a case in Mumbai.

Depending upon your HC practise you can try this.

Also, if the court is satisfied that publication would serve the purpose, go for it.

There is no point waiting without any relief for years.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

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