BHARATI MITRA (ES) 16 May 2011

ex parte

can there be an ex parte order favouring the wife where the husband has not received the petition/summons as he is in US since last few months. he is a green card holder and he may or may not come to India so soon. I being the assistant to his ex-lawyer we have seen some case going on in the family court. Wife has deserted the husband more than 2 years ago, had filed a petition for maintenance last year and dismissed the case in few months time and looks she has again filed some case

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 16 May 2011

unless summons is served ex-parte orders wont be passed.

Jamai Of Law (propra) 16 May 2011

Serving the process is the crucial element in every case.

By keeping the opposite party in the dark, only by fraud one may get relief ex-parte!

Arup (UNEMPLOYED) 16 May 2011

what is your question?

BHARATI MITRA (ES) 19 May 2011

if the person has not received the summons due to non-availability in India can the court pass any ex parte order against him

JIMMY (Professor) 22 May 2011

HI,

I am 35 year old, I was widower in 2007 having a daughter. i met a US citizen lady who was 25 years elder from me .at that time i was thinking of my daughter's future & i got married with her as hindu marriage act. She came to India in October 2009 & we got married in same month, she stay with me for 20 days only & went back to USA. after that she never came back. she field a immigration patition for me & my daughter. But unfortunately US embassy refuses the patition. she did't not want to go for patition again & we have no communication since then. My daughter is growing up , i am alone, its dificult for me to do job & take care of my kid , now i want to get re marriage. my wife say she can not come to India for divorce, but she is agree for divorce. She said she can send any paper i want..

Please tell me how should i get divorce from her?