sskriscand (Employee) 28 February 2017

Divorce case - court waiting for postal acknowledgement

Hello experts,

I got married in 2014 and my spouse was not interested in the marriage at all few days after that. It was an arranged marriage.

I waited for almost two years trying to convice her but we failed to do so and she filed for divorce about 6 months back. Now, I too got frustrated and ready to get a divorce. I received the court notice for divorce but did not attend the court as suggested by our lawyer that I need not attend because I too don't have an objection to get a divorce (exparte).

But the problem is that the court did not receive the acknowledgment of my notice reception and postponed the hearing three times waiting for the acknowledgement. Now it is postponed for the fourth time to March 2017.

I want an advice from experts should I attend the court or just wait for the decision to be ordered? I too want this get to be done soon as I have to go out of country on work assignment for a long duration in May.

Thanks in advance.

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3 Replies

(Guest)

Letting any case go ex-parte has its own side effects. That you will come to know not now, but after few years. What I suggest is, if you both want divorce, just give joint petition for divorce. That will put yourselves in lot better safe position, by deciding on permanent alimony etc.

Anyways I suggest against exparte orders of divorce. Eg:- Your wife would have told you are a drunkard and womaniser and to give divorce because you are a person of lewd character. If you dont go and represent your case, it is accepting that you are drunkard etc ie all allegations which might do greater damage to your public image than otherwise.

Vijay Raj Mahajan (Advocate) 28 February 2017

Attend the court proceedings on the next date fixed. Inform the court that you have got the court notice and copy of the divorce petition and you do not want to contest the divorce proceedings. The court is free to move ahead with the case proceedings in your absence.

By doing so you will be saving the precious time of the court as well your own.

A walk alone (-) 28 February 2017

Dnt let your divorce exparte. Exparte means you accept all allegations . if you both want divorce then better file joint divorce petition for MCD. It will save your time.