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Ashu Sharma (Manager)     19 January 2011

Difference between Ex Parte and Mutual/Consent Divorce.

Request if someone can share the difference between Ex Parte and Mutual/Consent Divorce.


Please reply...


 16 Replies

Ghajini (SSE)     19 January 2011

Expartee means- If other party does not appear in divorce proceedings at all, and the hearings goes one-sided 

MCD- Partner file divorce together with own willingness

Ashu Sharma (Manager)     19 January 2011

Thanks for your prompt reply...

What if, once the decree is issued and the respondent object on the ex Parte divorce decree...what is the time frame to object on it.



Ghajini (SSE)     19 January 2011

3 months from the ex parte orders

Ashu Sharma (Manager)     19 January 2011

What if someone give the vacant house address and get the ex parte divorce decree...or pay some bribe to postman for not to serve the summon...

Ghajini (SSE)     19 January 2011

Then it will be decided on merits...not an easy task

Ashu Sharma (Manager)     19 January 2011

Did not understand with merits? request if you can elaborate more.



indianzindian (business)     19 January 2011


Avnish Kaur (Consultant)     19 January 2011

WHAT CAN BE LONG TERM RESULT OF SUCH A divorce , and if such a person remarries?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 January 2011

Well exparte divorce will be a hanging sword , since other party can always apply to reopen the matter.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 January 2011

If one spouse marry after ex-parte divorce and passing of appeal period ,than will it be legal or not ?

Ghajini (SSE)     19 January 2011

It completely legal to marry after appeal period..but 498a, 406 etc could be filed in case of exparte divorce if wife didnt participate in divorce case, so always better to go for MCD

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 January 2011

What is the advice if neither wife is ready to return not she is ready for MCD.

Ghajini (SSE)     19 January 2011

File RCR to give it a legal path to show that ur wife has deserted you, being RCR filed desertion is on records on papers under the eyes of law.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 January 2011

RCR is very lengthy process. Please advise:

How much time it takes in Delhi

What precuations are required before filing RCR

What action other party can take after filing RCR

How to curtail/avoid maintenance.

Does filing application for Pre-litigation mediation has also same effect like RCR (Showing willingness to bring her back).



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