amarendra dash (advocate) 27 April 2022

divorce

can diverse be allowed without hearing the paties

Quick Summary

In the UK, a decree of divorce generally cannot be granted without hearing both parties involved. While an 'ex-parte' decree might be issued if one party fails to appear, they have the right to request it be set aside and a hearing be scheduled. The court aims to formally adjudicate the rights of all parties in dispute, typically after a judgment, and usually requires both sides to be present or inquired of.

4 Replies

Advocate Bhartesh goyal (advocate) 27 April 2022

No,, Decree of divorce can not be granted without beng heard the parties,

Dr J C Vashista (Advocate) 27 April 2022

Not at all.

Both parties have to be present / inquired.

P. Venu (Advocate) 27 April 2022

What are the facts? What is the context?

Divya Vijayan 28 April 2022

Hello sir!

Under section 2(2) of the Code of Civil Procedure,1908. The decree is said to be a formal adjudication and in this, the court determines the rights of parties regarding the matter in controversy or dispute. The decree is usually passed after the judgment.

A decree can be passed exparte if the other party doesn't appear in the court on a given date. But the other party can ask the court to set aside the ex parte decree and can ask for the hearing.

But, in general, the court cannot pass a judgment without hearing both the sides.