New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subhomoy Das (Retail Manager)     15 January 2017


I have filed divorce case against my wife in May 2016. We got married in 2009  having a son. We are staying separately for last 4 yrs. Since 2012.  

The appearance stage got over. All total 3 hearing dates were held at the court. But my wife have not present herself to the court , not submitted any petition or objection neither any lawyer represents from her side till date. 

Under the given circumsatnces i want to know that  :

1. How many more dates the Court will give before my lawyer pleaded for Ex parte decree of Divorce ( if my wife doesnt contest in coming dates).

2. Does notifications in leading newspaper is mandatory for appearance in court.

3. Does Ex parte Decree of Divorce is legally valid ? Can i geet remarry on basis of ex parte decree divorce judgement.

4. Does the court will order me to pay maintenance / alimony to my wife & son even if my wife doesnt contest the divorce case or doesnt file any maintenance case.  My wife is working in a Govt School as teacher near her parents house.

5. what will be the appealing period. Mean once ex parte divorce order is passed then in how many days my wife can file against the order. Does the appealing period is indefinite ?

***  presently i have no contacts with my wife. No phone , no sms.  But previously when i was having telephonic contacts with her she told me that evenf i file divorce case she will not come to the court and contest. I myself & court are free to take any decisions on our marriage.    I have her statement voice  recorded . Can i prodduce it to the court as an evidence if required?

Pease advice.


 2 Replies

Ms.Usha Kapoor (CEO)     16 January 2017

Under Family  court Act appeal period is 1 month. Under HMA appeal period is 3 months. Exparte divorce is a s good as normal divorce. /after waiting for 3 months after divorce you can remarry.Since she is working a Governmtn School teacher  she dioesn't require or entitled fo rmaintenance. But your son may require maintenance for xhis educational expenses and other  expenses lke school picnics, sports and orther extra cacular activities, good dresses, nourishing and nutritiou food + oodles of affection from his father  in order that  father  as a nturtal guardian  has custody of the child. If she agrees you go for MCD.Write and execute an agreement paper for Alimony to your son for all his legitimate expenses and marry someone of your choice.If you appreciate this answer Please give me a like on my profile.

Subhomoy Das (Retail Manager)     16 January 2017

@  Usha Kapoor :  I have filed the case in district judge court under sec 13 (a) &(b) of HMA 1955. I am ready to pay maintenance for my son as being a father its my duty & responsibility towards my son. But my wife & my inlaws have denied my fatherhood. They are asking only money from me in the name of my son. Even i used give money for my son upbringing. But that money is being used for the welfare of my inlaws. My son got deprived. I am liable to maintain my wife & son but not my inlaws. i dont want top go in details as i have tried my level best to make everything normal. But i failed in front of my wife arrogancy, stubbornness & ego & my inlaws conspiracy. Thats why i stopped sending money to her. yes my son is getting suffered. But at this point my survival is questionable. I need to take care of myself first then i can think what can i do for my son. I just want to get out of the mess thats why i filed the case. If the court doesnt encourage for divorce then does it make any difference to me & my wife. Anyway we are living like divorcee for last 4 yrs ++. No family life, no married life, no conjugal life, no social life , no parenthood......  Unofficially we are divorced since 2012. Only the Courts stamp is required to get.


@ Ramesh Singh.  As mentioned what will happen in future i dont know. But worrying for future i cant spoiled my present. By trying my level best to reconcile / compromise with my wife to lead a normal happy married life is a fault or crime then i did this fault / mistake by pleading my wife to return to my house to lead a normal married life atleast for the sake of son if not for me. Thats why i want to get rid of this mess now. Enough is Enough. Now wife will be answerable to son in future. As simple as that. Whatever Court will give order i will accept it because at this point i have nothing to loose .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register