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Vikas Dharmendra (Consultant)     15 September 2009

Ex Partie Divorce

Please explain Ex Partie Divorce and how much time it take to pass Ex partie Divorce decree by court if respondent/party doesn't appear before court.


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 September 2009

You can file application in same case for setting aside no evidence order of respondent & aduccing oral & documentary evidence.In said application you should submit all grouds for wich reason respondent remain absent.I think as a natural justce court will allowed your application then you will lead evidence of documentary & oral.If you application will not allowed by Court you can file written arguments along with documents.It neccesary to fileapplication in same case for setting aside no evidence order of respondent & aduccing oral & documentary evidence otherwise in revision you will find difficult.But be confident cour will give chance for adducing evidence.

Vikas Dharmendra (Consultant)     15 September 2009

Thanks ramachari for information. My question is that, if someone files petiiton for divorce and respondent doesn't appers for summon then couort can pass the divorce decree to the party and this process takes how much time.


Anjali (IT)     16 September 2009

I would say minimum 6 months..

Sarvesh Kumar Sharma Advocate (Advocacy)     16 September 2009

no minimum six month , after diclairing ex-party it is discritionary to decide the case.

in district j.p.nagar of u.p. a civil judge's court decide the ex party case with in thee months.

Vikas Dharmendra (Consultant)     17 September 2009

is this kind of case applicable on  if party(ex partie) resides in other country or it can be applicable if party resides anywhere in same country,, like some other city?

Sarvesh Kumar Sharma Advocate (Advocacy)     17 September 2009

yes, case is applicable  in the country when other party is resides abord ,it can be file in other city but jurisduction must be there!

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