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Shivaji Rao (worker)     08 November 2011

How long one should wait to apply 4 exparte divorce in india

how long one should wait to apply for exparte divorce?

what can be claimed as part of exparte divorce?

Can alimony be claimed as part of exparte? If so, how long should alimony be provided.

 

My wife has all my savings...and wants to apply for exparte divorce and also threatens that she will ask for alimony.



Learning

 22 Replies

K.P.Satish Kumar (Advocate)     08 November 2011

It will take 3 to 4 months on the basis of summons served.

For details:

K.P.Satish Kumar M.L.

Advocate:- 9962999008

1 Like

Advocate M.Bhadra   08 November 2011

Your query is not clear,who has got ex-parte decree of divorce you or your wife?send detail facts by return mail.

Shivaji Rao (worker)     08 November 2011

After ex-parte decree of divorce, can wife claim for alimony? If so, is there any document or MOU that needs to be signed by wife and husband so that wife can not claim alimony.

K.P.Satish Kumar (Advocate)     08 November 2011

Wife can claim maintenace at any time unless she was married to any other person.

For details:

K.P.Satish Kumar M.L.

Advocate:Chennai:- 9962999008


(Guest)

you can execute a MOU to waive the alimony and maintenance.

1 Like

(Guest)

how long one should wait to apply for exparte divorce?

It will take some time depending upon the court cases ,and other factors.No one can assure you about the time if they assure you then they are wrong.

1 Like

sridhar pasumarthy (ADVOCATE)     08 November 2011

Dear Marnisatish,

Divorce will never come in the way of seeking maintenance/alimony.

Wife can claim maintenance/alimony even after divorce subject to an exception that she should not be in a position to maintain herself.  Otherwise not.

You can obtain a registered relinquishment deed from ur wife mentioning a lumpsum as consideration towards permanent alimony.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

There is no such thing called applying for ex-parte divorce.

 

You just apply for divorce and if the other party doesnot appear despite notice, it is granted ex-parte.

 

How much time - your guess is as good as mine.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

2 Like

Vikrant Goel (fkhjk)     10 November 2011

i had applied for divorce in 2009 and despite of serving summon on 19th march 2010 she did not come to court till 28th Oct. 2011 and finally on 0n 28th Oct. 2011 she appeared in court and denied to live but didnot accepted divorce. Judge is totally in her favour. Ex-partie divorce, the judge has refused to pass degree of divorce despite she has denied to live with me and my childrens. As she is living for last 4 years with her brother in law without taking any resposibilites of my 2 innocent childrens and filed false 498-A & 323 against me & my mother.


It is worthless to expect any justice from Indian Judiciary for men. As law system and judges are stupid in india and totally against the groom family, no matter their is women in his family

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

The case would be decided on merits. Mere refusal is no ground for divorce.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

1 Like

Shivaji Rao (worker)     10 November 2011

@Shonee: If the other party does not respond despite notice, does court decide on alimony/maintenance? if so, people can misuse it.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

Other party who.

 

In your divorce petition, wife doesnot appear, you get decree in your favor ex-parte. No question of maintenance as none is asked.

 

Wife applies for maintenance, you don't appear, wife would get maintenance order ex-parte

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

3 Like

Shivaji Rao (worker)     11 November 2011

other party is husband.

 

had a question on mcd, if after applying for mcd, if one of them does not apper, would court grant divorce on ex parte decree? if so, any idea how long it takes after the second motion date

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

No court can not allow MUTUAL CONSENT DIVORCE in the absence of one party, as consent is missing because of non-appearance.

 

An absence can not be treated as YES.

 

Dear Mr. Kaul,

 

As the question was pointed to me. Here are the answers:

 

I know very little about law.

I know very very little about jurisprudence.

I don't know at all about you. 

 

But what I know, I place with full confidence without fear, even from Mr. Know-It-All.

 

I place on record very clearly, that I am merely a law student. 

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

 

2 Like

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