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raj malhotra (M.D)     14 August 2011

Expartee decree

hello everyone...seeking advice..

if after passing of first motion,at time of second motion either husband or wife doesnt come in to the court...whts the courts further proceedings...does courts issues some warrants or it resorts to expartee decree or it dismisses the petition...if it passes ex partee decree then how much time it takes for the present party to get divorce decree..kindly throw some light...

thanks..



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 2 Replies

niranjan (civil practice)     14 August 2011

As per order 9,rule 6(1)(a) when summomns duly served  and deft.does not appear the court may make an order that the suit be heard exparte. If deft.fails to submit written statement,as per order 8 rule 10,the court shall pronounce judgment. and as per order 9 rule 3 if neither party appears, suit tobe dismissed.

niranjan (civil practice)     14 August 2011

As per order 9,rule 6(1)(a) when summomns duly served  and deft.does not appear the court may make an order that the suit be heard exparte. If deft.fails to submit written statement,as per order 8 rule 10,the court shall pronounce judgment. and as per order 9 rule 3 if neither party appears, suit tobe dismissed.


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