dona (stylish) 02 October 2015

Rules of ex-parte

Hello sir,

i just want to know about the ex-parte divorce rules. i only have the knowledge that if one spouse is not present for more than 2 hearings after receiving summons then the respective court can agree for getting ex-parte. and after 3 months it get valid. and then doing remarring will not effect to petitioner's life. even his/her spouse also cant do anything... please help if i have wrong information.

thanks in advance....

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 02 October 2015

"An 'Ex partee Decree' is a decree passed against a defendant in absentia.despite serving of summons,where on the dates of hearing only the plaintiff appears and the defendant does not appear either in person or through a lawye,and the Court may hear the suuit ex parte and pass a decree against the defendant"

Keeping in mind the Ex-parte decree of divorce passed by the Family Court and your waiting for next 90 days the period of appeal, still there has been no move on the part of the respondent, you can go for remarriage as it is on no use sitting for anything to happen now from his side more so it will be very difficult for him to explain his move for getting the ex-parte decree of divorce revoked now.
In such cases it has been mostly decided by the Supreme Court as well many High Courts in India the spouse against whom ex-parte decree of divorce is passed is not getting much relief as far revoking the decree of divorce is concerned, maximum financial relief in the form of cost may be allowed to such spouse but that too depending on the facts and circumstance not in every case.

prabhakar advocate (advocate) 02 October 2015

Above advice is the correct proposition of law. But, one should not adopt fradulent methods to obtain ex-parte decree. If any one does so and after that remarries, the opposite party may go to court and exparte decree obtained fradulently will be set aside, despite he married again and also may launch bigamy criminal prosecution, if the opposite party initiates such action.

dona (stylish) 02 October 2015

thank you so much for yor replies.

@prabhakar sir, i have done all the procidure lawfully. but as some of my relatives are telling that he can go to court by telling that signature are not by him. so my question is can he do this way?

prabhakar advocate (advocate) 02 October 2015

If no fraud is played, then afteer 3 months of date of divorce decree, if the opposite party has not approached to the appellate court, then decree holder can go for another marriage. The important thing is there should be no fraud.