LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sunil (Executive)     16 February 2010

Divorce petition time frame after 1st hearing

If divorce petiton is filed & if the wife doesn't turn up in the first hearing, then how many chances will be given by the judge for the respondent to appear in the Court & what is the duration i.e how many months, days will be given for the 2nd, 3rd hearing.  Generally in the first hearing will the judge take up the case or they will just give the next date & send us off. Totally how many chances will be given by the judge for the respondent to appear.  If the wife doesn't appear even after giving time frame, then what is the next step the judge will take. Pls reply



 3 Replies

shrikant chede (law officer)     16 February 2010

after 4 or 5 hearing ,u may request the hon'ble judge to proceed EX-PARTY

sunil (Executive)     16 February 2010

Sir,

Pls throw light on the below aspects

what is the duration i.e how many months, days will be given for the 2nd, 3rd hearing. Generally in the first hearing will the judge take up the case or they will just give the next date & send us off. If the wife doesn't appear even after giving time frame, then what is the next step the judge will take. Pls reply

Guest (Guest)     16 February 2010

First after filing the divorce petition, on the first date of hearing, the judge direct that notice to be served on the respondent wife.  If notice is properly served, and after receiving the notice, the wife does not appear in the court on the next date of hearing, the court has got power to proceed the case ex-parte.  If the  request is made after proper service of the notice (which has been acknowledged by the wife) by the petitioner, the judge has to proceed the case ex-parte.  Once, exparte order is passed, according to the judge's diary, the dates for further proceedings will be fixed.  The further date depends from court to court from judge to judge.  But, generally not more than 3 months.  On the next date the petitioner has to lead his and other petitioner witnesses' evidence by way of affidavit.  After that procedure is completed, the case will be listed for final arguments.  If the petitioner succeeds in proving his contentions of the petition, he will succeed. 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register