Witness & evidence in divorce case ex parte

Tarun B (Querist) 24 September 2020 This query is : Resolved
Court dismissed the set a side application of the respondent for ex parte in divorce case.
And the next stage is for Evidence.The court asked Petitioner to get witness for evidence.

How many witness required in ex parte evidence and what are the other stages?

Any format or affidavit needs to be filed by the witnesses?

How long will it now take for a divorce at this stage?

Can the defendant now do anything to stop ex parte in divorce case ?

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Quick Summary

In an ex parte divorce case, after the respondent's application to set aside the order was dismissed, the focus shifts to evidence. The court requires the petitioner to present witnesses, though there's no fixed number; your lawyer will advise based on the case specifics. Witness affidavits need to be drafted according to the situation. Following the completion of evidence, arguments will be heard before a decision is made. The defendant can challenge the court's decision, but stopping the ex parte proceedings at this stage may be difficult.

Advocate Bhartesh goyal (Expert) 24 September 2020
Evidence of petitioner and a supportive witness is sufficient to prove allegations in ex-psrte case.Aftrr having completion of petitioners evidence final arguments will be heard.Defendant can challenge order by which court rejected application for seting ex-parte aside.

Dr J C Vashista (Expert) 25 September 2020
Whether court has closed right to file defence of respondent in the case or it has declared the case ex-parte ?

Rajendra K Goyal (Expert) 25 September 2020
You said:
Court dismissed the set a side application of the respondent for ex parte in divorce case. And the next stage is for Evidence.
Reply
Appeal can be filed against the decision of the court for not allowing the application.

You said:
The court asked Petitioner to get witness for evidence. How many witness required in ex parte evidence
Reply
No fix rule whether how many witnesses would suffice. Your lawyer is to decide in accordance with the case / facts / requirement.

Rajendra K Goyal (Expert) 25 September 2020
You said:
and what are the other stages?
Reply:
After completion of the witness, court may invite arguments followed by the findings / decision.

You said:
Any format or affidavit needs to be filed by the witnesses?
Reply
No fixed format can be there, has to be drafted in accordance to the facts / situation / requyirement of the case.

Rajendra K Goyal (Expert) 25 September 2020
You said:
How long will it now take for a divorce at this stage?
Reply
No time can be fixed, depend on many factors including workload with the court.

You said:
Can the defendant now do anything to stop ex parte in divorce case ?
Reply:
Defendant can challenge the decision. Other steps depend on the case.

Isaac Gabriel (Expert) 26 September 2020
N the given case there are chances for ex-party order.

Rajendra K Goyal (Expert) 29 September 2020
Please discuss in detail with your lawyer. He would help in preparing the affidavit in case of need.

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