Dear Sir,
namaste to all,
Is this possible to get a ex-party divorce from the court..and if a person get this, what will be value of that..
actually story is :
i filled the case of Section 9 in 2007 and withdraw it in Dec. 2010 and filled a new case of Divorce in 2011 on the ground of cruelty and on the ground of seperation for long period..
Whall will be ahead.
please suggest me.
thanks
I also would like to know what will be procedure for that.. If my wife does not appear to the court after issue of notice/ summons. what court will do.
If the Court satisify that, inspite sufficient service of notice, your wife failed to attend the Court, then it can grant exparte divorce decree. On later date she can file a petition to set aside the said exparte divorce decree, but she has to satisify the court explaining the reasonable causes for not attending the court.
thanx kiran ji, v.v thanx.,,
is this is sufficient service of notice :
!) she will not attend the court after notice
or
2) she will reject the notice or do not accept the notice
first of all I would suggest you to read Order 9 of CPC.....
Now as for her action after the ex-parte decree, within 3 months she can file for an appeal... and you will have to be there... So wait for 3 months dont run away......
after these 3 months do whatever you wish to..... She will have no alternative......
If you run away or change the address... she can always hunt you down when she gets it.... The appeal case shall be adjourned 'sine dine' and will be resumed when you are back in action.....
My suggestion to you is "MARRY AFTER YOUR DIVORCE DECREE IS PASSED"
It'll be very hard for her to get the divorce order set-aside....
Total likes : 1 times
No, this is not sufficient. At least three substituted services are also required.
not when your limitation is over....
If the guy marries after the divorce.... Noone can stop him from marrying again.... And if he marries someone else, it makes harder for the court to do injustice to the girl who married that guy..... So normally the ex-parte divorces in these situations go the same in appeals......
Plus i did ask him to read Order 9 of CPC which explain everything about services...... It is too long for me to explain it here... he can find it in online bareacts....