Ex parte divorce

Querist : Anonymous (Querist) 03 December 2011 This query is : Resolved
i got married 8 years ago as hindu rituals.my wife is in UK.We decided to divorce on mutual consent.I m currently in india.Can i file divorce petition in indian family court??my wife is not interested to come for any legal suit here in india.will an ex parte order be passed ??how long this divorce proceedings will continue...?will it take more than a year??what all my wife has to do except acknowledging the due summons served to her??does she has to make up few legal documents for the same??will my ex parte divorce be acceptable in UK too or i ve to file there again??

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Devajyoti Barman (Expert) 03 December 2011
If after service of summons your wife does not turn up , the court may proceed to hear your case ex parte.

No time limit could be predicted.
Definitely.
She can either contest or accede to your claims.
Yes her Written statesmen.
Yes it would be valid irrespective of current residence of your wife.

However do bear in your mind that ex parte hearing may not necessarily mean judgement and order in your favour specially if you fail to make a case on your favour.

Kiran Kumar (Expert) 03 December 2011
you may get relief ex-parte but the same is subject to certain condidtions.

otherwise, there are judgments of Delhi HC and P&H high court whereby, in case of divorce by mutual consent, filing of petition through Special Power of Attorney is allowed.

ajay sethi (Expert) 03 December 2011
agree with experts

Advocate Bhartesh goyal (Expert) 04 December 2011
I also agree with experts.

Sailesh Kumar Shah (Expert) 04 December 2011
No Reason to Differ.

M/s. Y-not legal services (Expert) 04 December 2011
am also agree with above opinions..

Shonee Kapoor (Expert) 05 December 2011
Agreed depending upon the HC practise, you may file a case for MCD on SPA from her side.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 06 December 2011
I agree with above opinions.

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