Help needed

Point wise reply as:-

1. One sided or Ex- partie is only possible in case if u will not attend the court date, if u r attending the respective court dates then it can be via ur consent.

2. Divorce without your consent not possible, if it was, u can file appeal for the same.

3. Yes, a girl family can or cannot go for any false alligations as its all depend like u/s 498 A, u/s 9, or u/s 12 DV Act.

Send her a registered INLAND letter [Cryptic two 2 to 3 sentences]. DO NOT SEND HER AN ENVELOP as she can always say that you send her newspaper ads.

2. Yes she can get ex parte's divorce on following grounds:

a. You have changed your address which was unknown to her and might have used Substituted Service and published the same in a National Newspaper in a hardly visible place.

b) Other tricks...bribing Court clerks etc.

Except for the Registered inland letter with A/D [if you receive the A/D then if she does not respond then move appropriate courts. CUT OF ALL COMMUNICATIONS WITH HER and engage an Advocate.

Dear Vish,

What Madam Nina said is correct.  Most of the people are resorting to such type of cheap tricks.  If it comes to ur knowledge about the exparte divorce, you can file an application seeking to set aside the exparte divorce decree narrating the facts about the fraud played by ur wife.  

If u want to know whether ur wife has filed any divorce petition against u, consult a local advocate and make enquiry in the concerned courts where jursdiction lies.  Normally, jurisdiction of the court in divorce cases liest at :-

1. place where  marriage took place or

2. place where the couple last resided  or

3. place where the respondent/other spouse resides

First of all I would like to show my gratitude to all of your valuable suggestions.

Please provide me some more help by sugggesting on the following :-

How long does a Ex-parte divorce takes if it is not contested?
Since I didn't receive any notification from the Court/Spouce on the Ex-parte, i guess they might have used a Wrong mailing address(intentionaly) and as a result I am totally unaware of it.

Is there any possibility that my spouse has opted for a paper notice (in some non-popular newspaper) and got the ex-parte divorce?

Thanks a lot in advance for your help.

Move the appropriate court spelling your concerns and if you are unaware about your wife's whereabouts move A HABEAS CORPUS Petition before the High Court for physical production of your wife. All will be be revealed.A good lawyer can handle your matter.

Dear Vish,

My answer to your 1st question is "It depends on the work load of the court.  Nobody can say accurately."

My answer to your 2nd question is "Yes, certainly. Such a procedure is contemplated under c.p.c." 

Hi,

As per your suggestion, can an ex-parte divorce be given within a month (or 2 months) completing all legal formalities?

Thanks,

Vish.

Six months.

@auther!

As per the details given by u, u have never changed ur address, nor u received any court notice so far. Practically nothing has happened yet. Getting exparte div by trics in such a short span....just not possible.

Now come to teh point, WHAT DO U WANT NOW?

U want a divorce? Go for MCD, as she agrees for it

U want her back? Trace her via private efforts or legally.

Want status quo? Go ahead, she is not bothering u.

I doubt that ex-parte divorce can happen in such short span of time.

Keep a look at the newspapers, if your name flasshes anywhere. Because publication is required before proceeding ex-parte.

Hi Rajiv_lodha...

Thanks for the help.

To clarify your notes. You are CORRECT, as I didn't change my address and my contact details.

Yes I want a Divorce. And I want it to be quick.

If my partner has opted for an Ex-parte, I don't have any objection and I would fully co-operate. We were not married socially and the marriage registration has taken place because of our guardians and relatives who believed it would give them a mental stability and they will not have to look for any bride/groom henceforth. It has become a big mess. 

Now I am stuck with Legal Bondings and I want to be out of it as smoothly and quickly as possible. But the problem is the girls family stopped all communication. As a result, it forced me to think that they might have got the Ex-parte divorce and I am totally un-aware of it. That's why I wanted to know how long a Ex-parte divrce normally takes, so that I will wait till that period and if I still don't get any updates from the girls family I WILL MYSELF GO FOR DIVORCE PETITION.

Please let me know if you need anyfurther information.

Vish.

Hmmm,

If you co-operate in ex-parte divorce, why not go for Mutual Consented divorce?

After ex-parte she can seek alimony too. Be wary of that.

Hi,

There is one very important update on my previous post.

My Spouse has opted for an Nullifty of Marriage. Please advise which one is better Nullity or divorce. What are the Pros and Cons for each.

Thx,

Vish.

Nullity on what grounds.