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kaliraj   02 October 2017

Contested divorce - respondent did not appear long time

Hi, I applied for contested divorce. The petition got served to my wife and she has been asked to file counter. Neither she nor her lawyer appeared for the case (Hope, she did not hire any lawyer). They asked me to go for Lok - Adalat and the Counter filing has been postponed 3 times due to the non-appearance of the respondent. Is it possible for me to get divorce, if she did not appear in the court? I have evidence of her diary in which she has written many bad things. How to proceed further in this case? Thanks in advance Kaliraj


 3 Replies

Siddharth Srivastava (Advocate)     02 October 2017

As per law the respondent has limitations to file its reply within 90 days from the date of service of summons and in exceptional cases this period can be extended depending on discretion of court. So you may move necessary application in this regard pointing out the provision. If your wife does not appear then court shall proceed exparte and case can be decided exparte.
1 Like

G.L.N. Prasad (Retired employee.)     03 October 2017

Focus on what can be done and do not distract your attention on such things that are not material to the suit like diaries of your wife etc.  Let your advocate take the lead and file IA or take steps in expediting the proceedings.  In case of most of the wives, they are financially and physically dependant on some one, and if some one is not interesed in divorce there may be delay.  Your advocate can only guide how to expedite.

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Adv Radhika Mehta (Advocate)     03 October 2017

Yes it is possible for you to get Divorce even if she does not appear. File an Application for proceeding ex-parte without the Written Statement. If your wife has not registered her presence, carry some proof to satisfy the Court that the address where you attempted to serve her is the address where she is presently residing. 

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