Value of ex-party divorce

skgupta_vns@rediffmail.com

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

 
Reply   
 
skgupta_vns@rediffmail.com

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.

 
Reply   
 


Works In Judicial Department

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.

 
Reply   
 
skgupta_vns@rediffmail.com

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

 
Reply   
 
Engineer

You can change your name and address after getting ex-parte divorce and thereafter immediately can disappear for at-least an year. Let her file xyz after that .... you can give a taste to her of her own medicine Regards, Rohit
 
Reply   
 
Advocate

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

 
Reply   
 
Lawyer/Advocate

I do agree with Mr. Sehdev
 
Reply   
 

No, this is not sufficient. At least three substituted services are also required.

 
Reply   
 
Advocate

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......

 
Reply   
 
Advocate

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....

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x