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Subarna Sardar   12 October 2017

Ex perte divorce

My wife deserted me on 15th january 2013 after three years of married life as she didn't wanted to live with my parents. I filed divorce petition in June 2015. Two sumons sent to her but there was no reply. After that in this May' 2017 paper publication has been done thru court. Now I have my hearing date in this month.

My question is:

1. What will happend next?? Will I get ex perte divorce??

2. How I protect that order so that my ex wife can not do anything against it.

3. After How many months I can re-marry.

 

Please suggest.



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 5 Replies

Siddharth Srivastava (Advocate)     12 October 2017

1. Court will proceed exparte if your wife does not appear inspite of publication.

2.As such there is no protection. Wife has already vestyed with her rights.

4. Minimum after 3 months depending that your wife has challenged the trial court order during this period. This period may be extended also.

Adv Radhika Mehta (Advocate)     12 October 2017

Originally posted by : Subarna Sardar

My wife deserted me on 15th january 2013 after three years of married life as she didn't wanted to live with my parents. I filed divorce petition in June 2015. Two sumons sent to her but there was no reply. After that in this May' 2017 paper publication has been done thru court. Now I have my hearing date in this month.

My question is:

1. What will happend next?? Will I get ex perte divorce??

Next your lawyer will have to apply to the Court for directions to proceed ex-parte. Keep some proof handy that the address you were trying to serve her is the address where she is staying. Whether you will get Divorce or not depends upon your case.  

2. How I protect that order so that my ex wife can not do anything against it.

An ex-parte order is like a hanging sword.  There is nothing you can do to protect yourself. 

3. After How many months I can re-marry.

After 90 days. 

 

Please suggest.

 

Subarna Sardar   12 October 2017

I don't have any proof of her address. Then what should I do?? After How many months I can securely re-marry? I mean she cant do anything. Madam Plz suggest.

Adv Radhika Mehta (Advocate)     12 October 2017

You dont need to worry.  Just file an Application.  An ex-parte Decree can be set aside at any point of time. However,  you can get married after the statutory petiod of 90 days. 

Jaspal singh (practicing lawyer)     19 October 2017

family court has ample powers, if yours wife will not appear even after the publication than court will consider it deemed serive and proceed further EX-PARTE..

On Next date of hearing court will pronounce her Ex-Parte but you have to file evidance ny way of affidavit on next date of hearing, after that court will hear your arguments and you will get the EX-PARTE Divorce Decree from Hon,ble Court the whole process will take atleast 3 to 4 hearings.

after getting divorce decree you have to wait for 90 days.


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