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Nikhil (Accountant)     15 April 2014

Exparte divorce

Hello Experts,

I have a query here. I applied for divorce and its been 5 hearings now and my wife didnt appear in the court. The court decided to get the notice published in News Paper which is done few days back. Now my next date of hearing is May 1st, 2014. I wanted to understand that if my wife does not turn up again on May 1st, would i get exparte divorce. What is exparte evidence..Does this occur after Exparte Divorce or before. How many months does it take again to get a final decree. 

I have been searching entire in this forum and was unable to get the answers. Can you please assist me in answering my questions. 

Thanks in advance.


 7 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     15 April 2014


If your wife is not appeared on 1st may, then after your evidence [you called it as exparte evidence]  in the matter, the court can grant exparte divorce to you...

but thereafter she has remedy to file appeal before the High court for setting aside exparte decree of divorce...

I think within fifteen days after exparte evidence you get the order from the court.

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

If she fails to appear before the curt despite being summoned through news paper publication, the court will call her absent and set her exparte and will record your evidence.  After evidence from your side, the exparte decree of divorce will be granted to you as prayed for.  This decree of divorce will remain in force until she files a petition to set it aside before the same court or prefers an appeal before an higher court against this.  Thus this exparte decree of divorce is also a valid decree.

Prithwish Ganguli (Advocate)     16 April 2014

In case your wife fails to appear on the next date the will be posted for ex parte hearing on which date you will have to file affidavit in chief along with your supporting documents.


A question linked with this thread:


is their a time frame during which wife can file a case against exparte divorse granted?

Is a man eligible to remarry again, after being granted exparte divorse, If yes after how many days?

Thanks in advance learned Experts

Laxmi Kant Joshi (Advocate )     16 April 2014

if she is continious absent from the hearing dates after sufficient summons was issued to her then court will mark her absent and set her aside and will record your evidence i.e. called ex-parte evidence , after recording your evidence an ex-parte decree will be granted in favour of you , she can move an application to set aside the ex-parte order within 30 days in the same court , or if she want to make an appeal in The high court then she can make appeal within a period of 90 days from the date of decree passed .

nihita mathur (self employed)     18 April 2014

ex parte divorce is matter in which some times the party does not want to give divorce and just waste time and then one goes for in an apeal. it can be matter of simple harassment.

Sachin (Executive)     18 April 2014

Is a man eligible to remarry again, after being granted exparte divorse, If yes after how many days?

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