Is it Time to Press for Ex Partee Divorce

Good Day !

Dear Experts

Waiting for feedback of .. Am also facing similar issue....

Regards

ASY

Before going expartee court will exhaust all means to serve summons or sending information- dasti service, news paper publication. First request for dasti service it it is not done yet.

Ghajini,

I think you did see the line .....'Tamila is already on file' --- it means,  the respodent has already recieved the notice and  proof of it  - the acknowledgment of the respondent -- stating that one copy recieved is already on the file.

So what will be your answer with this in mind?

Ok Sorry, I didnt understand "Tamila", On third date one can request the court for expartee and hope for a positive response.

AFTER NOTICE " On third date one can request the court for expartee " - CORRECT.

Thank you Ghajini and Arup jim

Any opinion other questions

. 2. How long one can expect the ex -partee proceedings to take before the case come to judgment stage ?

3. Is it required to produce all witness or even their affidavit will do?

4. Can Ex partee judgment always be challenged in higher court or is there any time frame for challenging it?  If it can always be challenged - and the case goes in re trial is not respodent wating time of court and applicant? 

5. The applicant also wants to add application for custody of minor  child ( i/s 26 of HMA) to this divorce case. What will be implication on the time of getting judgment if respodent continu not to attend the court proceedings?

2. DEPEND UPON THE CIRCUMSTANCES.

3. WITNESS HAVE TO COME TO THE COURT FOR EVIDENCE.

4. time frame / TIME BOUND.

5. THEORITICALLY IT IS POSSIBLE. BUT IF YOU EGGAR FOR DIVORCE, THEN FIRSTLY LET THE DIVORCE DONE, THEREAFTER CLAIM custody of minor  child . ON THE CONTRAY IF YOU WANT BACK YOUR CHILD AND WIFE BACK, THEN CLAIM custody of minor  child. THIS WILL SURVE YOUR PURPOSE.

is it possible to serve private notice to respondent  to appear in person before court  on second hearing failing which the case will be decided as exparte.

respondent  did not appear before court on first hearing since he did not have any information about that  now only have recived private notice . pls. advise me.

Since the Summon / Notice has been served upon your wife, you can go for ex-parte divorce. You need not to wait further.