Deepa 10 October 2019

Exparte divorce

Hi,
I want to file for divorce by exparte as my husband is absconding. I Hv proofs like an Fir complaint from his own cousin for theft against him, I had filed a missing complaint against him, his passbooks and my bank statements to prove he was financially dependant on me from the time we got married. now there are other people reaching out to me looking for him assuming I must be aware of his whereabouts poses a risk to my life. are these proofs sufficient to expedite your proceedings?

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18 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 10 October 2019

1. YES. You can file for Divorce Proceedings or Marriage Annulment, depending on the documentary evidences and witnesses and justifications, you can produce. A Police Report would be required for the pending Criminal cases in the various courts and proff of his absconding.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Nilesh P 10 October 2019

Please note a decree of ex parte drawn upon the Respondent can be set aside by showing sufficient grounds

Real Soul.... (LEGAL) 10 October 2019

from how long he is missing ??
if it is seven years already then you can get ex parte divorce or other wise you have to file the petition and try to get service complete for summons

Deepa 10 October 2019

I hvnt seen him for 2years now. His relatives confirmed he was last seen in December 2017 and since then he is underground

Deepa 10 October 2019

I did see a lawyer and he said we will file but I don't know what is it that is stopping him from filing the petition it's been a month that I handed over all the proofs to the lawyer

Real Soul.... (LEGAL) 10 October 2019

You knwo if you file for divorce petition you need to serve the summons upon him ; now his wherebaouts not known how the service will be completed.

Then may be court will issue publication in news paers and you get revlieved

Just file the petition

Real Soul.... (LEGAL) 10 October 2019

Just file the petition look for alert and good advocate

Deepa 10 October 2019

How do you decide on the advocate the one I met was practicing in high court and seemed to be of high maintenance she said she will charge 2lakh another one was introduced to me by my cousin he is taking too long to even file the case assuming if we file for exparte he might turn up and he has to redo entire thing which could possibly be the case. I would be sending the Simmons to his mother

Real Soul.... (LEGAL) 10 October 2019

but the advocate is not filing means he is not confident.May be in future he will also give trouble.

The lady advocate is charging too much

just there are too many advocates look for the one who has practice in such matters

Deepa 10 October 2019

Sure thank you sohail

Real Soul.... (LEGAL) 10 October 2019

welcome ........................

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 10 October 2019

1. IRRESPECTIVE of your apprehensions (or whatever), you can get the related divorce petition drafted from a local Family Court lawyer and FILE THE SAME YOURSELF and file arguments and other procedures. ONLY when required at the ending evidence stage, you may engage a local Family Court lawyer (and not a high flying egoistic HC lawyer)

2. The procedure is really very simple and the court registrar /head clerk would also help you. TRY.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Shashi Dhara 10 October 2019

Contact advocate who practice in senior division or district Jude court who will chargers 10,000andabove.

Dr GYV Victor 11 October 2019

Exparte application without sufficient period of untraceable and beyond traceable certificate will not stand the test. Even after 7 years one can't presume untraceable if essentials of law is not applied. With 2 years is separation you can apply for divorce if you have sufficient grounds.