Raj (fr) 03 January 2013

Expartee judgement divorce decree

When court gives Expartee Divorce judgement.How many summons court gives to spouse before the judgement is passed.Can she get the appearance through lawyer.Will sending some letters by her or lawyer notice dalay the process.Experts please respond.

When does court give legal separation judgement and when gives Divorce decree.Is there some factors for each.

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2 Replies

Adv B.B.Gambhir #9814820602 (advocate) 03 January 2013

1. when the petitioner proves his case by leading his/her exparte evidence.

2. till the day when court presumes that there is knowledge about the pendency of divorce petition that can be once, twice, so many times even by other alternative mode i.e. publication etc.

3. yes the respondent or petitioner can appear through lawyer unless court order is passed.

4. as per section 10 of Hindu Marriage Act, court can grant legal seperation for a period of two years in case between these two years, marriage is not consumated then on filing of fresh petition court may grant divorce to either party as per section 13 of Hindu marriage Act.

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Raj (fr) 04 January 2013

Dear Gambhir Sir,

Thanks for the reply.One more query.Is divorce decree or legal separation given in expartee if petiton was for divorce.Under what conditon legal separation is granted when fled for divorce.If legal separation is granted than after filing for divorce 2 yrs wll it be granted or again legal battel will start.

Please clarify.

Rgds,

Raj