Divorce petition - ex-parte judgement

Originally posted by : B S MURTHY
	In divorce cases, under what conditions an ex-parte  judgement is given.  If a party is absent continuously how many times it is permitted?

It is courts discretion when to issue exparte order. Even on non appearace on a single date court may issue exparte orders

Before issuing ex-parte judgement, first Court will see whether Summons/Notice is duly served to Respondent/other side. thereafter court will atleast wait for one day for appearance of Respondent, thereafter court on finding that Respondent is not interested to contest the matter, will pass ex-parte order. thereafter, court will ask petitioner to give its evidence. after completing all his evidence, petitioner will be required to give closing pursis stating that he/she do not want to give further evidence and thereafter matter is kept for argument of petitioner and thereafter court will give its judgment. just because respondent has not appeared and matter is ex-parte, petitioner should not take the matter for granted, judge may even dismissed ex-parte matter.

i have a small doubt on it. when you said court will ask petitioner to present evidences, what possibly can be an evidence in case of a Divorce case filed on account of Mental and physical abuse ?

What are the facts? What is the issue?

Originally posted by : a K pathak
	i have a small doubt on it. when you said court will ask petitioner to present evidences, what possibly can be an evidence in case of a Divorce case filed on account of Mental and physical abuse ?

If it is physical abuse, there would be Police Complaints, Photographs, Govt. Hospital Reports. 

Mental cruelty depends on how you construe it. So maybe emails reflecting how the wife ill-treated and badgered the husband. 

Proof differs from case to case. 

Evidence means not only documentary, it may be oral too like other members of the family, neighbors, and doctor etc whoever are witness to your grievance.