Ramesh (Self Employed) 10 July 2014

Consequences of ex parte divorce

Hi,

I need some information about Ex Parte divorce. Here are the details about various cases against me:

1. 498 A- currently at ending stage

2. Sec 125(filed by wife)- 50% progress.

3. Sec. 27(filed by wife)- 10% progress.

4. Sec. 13 (filed by wife)- 10% progress

5. Sec. 9(filed by me) - I have got decree and case is closed2 years ago. Execution also filed but wife denied to stay with me.

I was thinking to file a divorce petition with the ground of even sec9 decree, wife is not staying with me. At the same time I am getting some suggestion that new divorce case might take longer time and also not sure whether divorce will be granted or not. Instead of that if I dont appear in the trials of divorce case filed by wife then- there will divorce granted by court with exparte. Though I have attended around 10 trials already.

I need suggestions from experts on what will be the consequences of exparte divorce considering above cases are running against me. Also, will there be any issue in doing remarriage after ex parte divorce?

Please help.

Reply Follow

4 Replies

(Guest)

Ex parte order are not regular orders. Usually courts give ex parte decree in rare case. To force an ex parte order you have to skip atleast 5 or more dates and also it depends on the judge on this case . Some will give ex-parte on 5, some take for 10 dates as well. Also ex parte order will result in divorce but sometimes some additional order directed against you can be done as well so forcing an ex parte can be risky. Also in my opinion if you have already attended 10 dates and another 10 dates may get this case over then you should attend it and do not force for ex parte.

Regards

Ramesh (Self Employed) 10 July 2014

Thank you sir for your explanation about the Ex parte order. Actually my intention is to get divorce without wasting more time. If I attend the trials - there is very rare chance to grant divorce as per the evidence and ground given by wife.

Actually my question is - If divorce granted to wife by ex parte order then will that be any impacts on other case as mentioned in above post? (I mean if ex parte order happens then it would be on wife's favor and my fault might be there in the order. She may produce those order and decree to other cases.)

Also if Divorce granted to wife by exparte order then, Can I do remarriage?

Thanks,

(Guest)

You can remarry after divorce is granted by the court by any order whether ex-parte or not. But you cannot re-marry before the divorce is awarded. Secondly even if you get an ex parte order in divorce case, it will not effect factually but in other cases judge may see that you are concealing yourself from the court and so a negative character of your presumed by court is possible. It cannot take it as evidence but judge is also a person and character also may effect other orders.