Jolly (accountant) 19 May 2014

Ex-parte

Hi Expert,

If petitioner (wife) is filing divorce and Respondent (husband) doesnt want to attend any hearing or attend the first hearing then after not to attend, It means it will be ex-parte and get a decree by petitioner. So what are the action will take by Hon'ble court against the respondent? Is there and order has to pass or any punishment has to get by respondent.

I need to know what the steps can be take by Hon'ble court after declared Ex-parte.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 19 May 2014

There is no question of any punishment in a divorce case. If the husband remains absent and does not contest then, at the most an ex-parte decree of divorce may be passed and alimony may be granted if claimed by the wife.

Jolly (accountant) 19 May 2014

Can respondent contest for alimony granted by Hon'ble court, because petitioner is a working lady and she is getting the same amount of salary which respondent is getting. If respondent wants to contest then when he has to do...

piyush (assisteant) 19 May 2014

Hello,

1) What are the steps for a divorce in mutual consent in India (for a marriage as per Hindu marriage act) and what are the requisites (i.e, whether the couple have to stay apart for some time etc)? I mean starting from applying for it till the final court order.

2) If both the husband and wife agree not to divulge the personal issues in front of the court and if both say "we are feeling incompatible to each other because of certain issues" and if their families also agree to that, is it necessary to give a detailed descriptttion regarding the incompatibility to the court?

Regards,

R. Jana

Jolly (accountant) 22 May 2014

If respondent is an exparte then how he can pay the alimony granted by Hon'ble court....

Adv k . mahesh (advocate) 22 May 2014

when respondent does not contest and does not want to defend the charges and allegations written in the petition he can avoid going to court and the court will see for some hearings and at last the petitioner will be granted as per the law and if satisfied from petitioner the court will grant decree