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Karan (Engineer)     03 April 2016

Expartee divorce stages

Hi Experts,

Due to quarrel among wife deserted me and my 5 year old daughter in Jun-2015, when her parents came to take her. They wanted to be safe so they took me local police station on the same day so that they can inform police and go. But since wife was leaving daughter with me so police asked to give a written note to me stating that she is leaving with her stuff and keeping kid in husband's custody. I wanted her to leave as she is a huge harrassment to me and my kid in daily life. She had filed 125 case in Jan-14 after which I compromized when maintenance was awarded to her, though she was working in private school. She doesn't fulfill wife's duty, she is very lazy girl, only want to enjoy my wealth and not at all interested to talk or respect to my parents. I am ready to take divorce any time as I want good family (love, affection, parents) but she only wants to live with me and enjoy wealth. She is ruining my and kid's life to save her as she may not get good earning husband again like me :) .

I filed divorce on Mental Cruelty ground in Feb-2016. My notice to her is delivered but acknowledgement was not received back so judge asked my lawyer to wait for a week.

Kindly help me to understand the stages of ex-partee divorce as she did not appear to court on first date. How much time it would take in getting EPD. 



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     03 April 2016

Once you will receive the acknowledgement then on next to next hearing date you can asked the court for exparte evidence and for exparte divorce in your favour .

Laxmi Kant Joshi (Advocate )     03 April 2016

Once you will receive the acknowledgement then on next to next hearing date you can asked the court for exparte evidence and for exparte divorce in your favour .

Laxmi Kant Joshi (Advocate )     03 April 2016

Once you will receive the acknowledgement then on next to next hearing date you can asked the court for exparte evidence and for exparte divorce in your favour .

Karan (Engineer)     03 April 2016

Thanks laxmi sir, AD is not received after 18 days, though I submitted tracking status of registered doc in the court, where it is clearly showing article delivered to her. Now to avoid delay will court start the proceedings on the basis of internet tracking staus or will still ask me to wait. What actions are possible from my end to get the AD from PO. Ihave confirmed news that my notice has delivered to her. Kindly suggest. Thanks Br//

fighter (Software professional)     03 April 2016

If registred envelope not returned to court.It is treated as delivered.You can satmped the delivery report by postoffice.If Ad card not returned in 30 days it is presumed that service is correct.

fighting back (exec)     04 April 2016

itne jaldi exparte order kabhi nahi hota bhai.......you will have to wait for many many more months...court will give endless dates. then one fine day, out of no where her advocate will appear. submit letter for condonation of delay.. then proceedings will start for mediation. then again tareek pe tareek. mediation will drag on for several months...then mediation failed. then again for written statement....a couple of months. then phir tareek pe tareek.. again she will disaappear. then again tareek pe tareek. then just when judge is about to announce a 'no cross order' then again she will appear. for condonation of delay...then phir tareek aur tareek. then her advocate will take time....then in the meantime she will apply for hma 24. phir usko decide karne tareek pe tareek..............................your exparte is still light years ahead

Karan (Engineer)     04 April 2016

She appeared today and sent for mediation, so I need your inputs how negotiations will take place there? I will not unite with her at any cost will keep fighting. Br//

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