Divorce petition

karthik sivaraj (Querist) 15 April 2026 This query is : Resolved
After long struggle of 8 years, finally i got order for my divorce petition, becoz she did not attend court hearing very long time (nearly 8 months, argument or cross or any evidence). "not attended exparte-decree"
What will be my next step? if there any possibility to reappeal again?

In the other petition for my child visitation rights also granted for me (child not shown for 6 years). Its like if i am in india i can go and see him, in case if i am in outstation i can talk through video call to my kid.

In case still my wife not shown, how i can move forward legally.

regards

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Quick Summary

After an 8-year struggle, your divorce petition has been granted ex-parte as your wife failed to attend court hearings. You're seeking advice on the next steps and the possibility of an appeal. You've also been granted child visitation rights, even though your child hasn't been seen for six years. The advice suggests you should wait 90 days before remarrying and be prepared to challenge any attempts by your wife to set aside the ex-parte decree or file contempt of court proceedings if she disobeys court orders.

T. Kalaiselvan, Advocate (Expert) 16 April 2026
If she is filing a petition to set aside the exparte divorce orders then you may have to challenge it on merits.
If she is not obeying court order then you can file a contempt of court proceedings against her

Advocate Bhartesh goyal (Expert) 17 April 2026
Your wife may file appeal against ex-parte divorce decree before H.C or she may file petition for setting aside ex-parte decree so you need to wait for 90 days and then you may proceed for remarriage.
If your wife wilfully disobeying courts order then you may initiate contempt of court proceedings against her.

Dr. J C Vashista (Expert) 18 April 2026
I fully agree with the opinion and advise of learned experts, she has a right to appeal, if she feels aggrieved.
Did you move in contempt qua disobedience of orders passed by the court ?
What is the advise of the lawyer engaged by you, who is well aware about facts and circumstances of your case(s), an able, competent, intelligent enough ad duty bound to satisfy your queries ?

kavksatyanarayana (Expert) 19 April 2026
Yes. I agree with the advice of the above learned expets.

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