Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sumarlakje (Worker)     25 December 2013

What will happen if wife dosent come to the court

Hi  All,

               Recently I have filed for divorce ,my first court hearing was on Dec 3 and then next will be Jan 21,but other party they didnt come to the court. What will happen after if she doesnt come to the court for few hearings? Can I get divorce by other party obsence to the court? Please advice me on this.

Your help is much appreicated


        



Learning

 11 Replies

laxmi kant joshi (instructor)     25 December 2013

if other party is not attending the court hearing in this condition you will be benifitted by awarding ex- party divorce.

ashoksrivastava (scientist)     25 December 2013

Originally posted by : Sureshkumar

Hi  All,

               Recently I have filed for divorce ,my first court hearing was on Dec 3 and then next will be Jan 21,but other party they didnt come to the court. What will happen after if she doesnt come to the court for few hearings? Can I get divorce by other party obsence to the court? Please advice me on this.

Your help is much appreicated

@ querist has the notice been properly received by her?


        

Sumarlakje (Worker)     25 December 2013

Dear Laxmi Kant Joshi Sir,

                                                 After how many hearings it is possible? 

Dear Ashok Sri Vastava Sir,

                                                  I dont know where is she staying now? But based on her passport address we have sent the petition. I dont know whether she knows about this or not? In that case what shall i  do? After my first hearing a few of my relatives went to talk her brother for mutual concern. they didnt tell anything till now.

 

ashoksrivastava (scientist)     25 December 2013

Originally posted by : Sureshkumar


Dear Laxmi Kant Joshi Sir,

                                                 After how many hearings it is possible? 

Dear Ashok Sri Vastava Sir,

                                                  I dont know where is she staying now? But based on her passport address we have sent the petition. I dont know whether she knows about this or not? In that case what shall i  do? After my first hearing a few of my relatives went to talk her brother for mutual concern. they didnt tell anything till now.

@Suresh  case will not be placed for exparte hearing till notice is served or court  is convinced that she is avoiding notice.. You need to apply for substituted service in your case.

regards ASHOK

 

Sumarlakje (Worker)     25 December 2013

Dear Ashok Sri Vastava Sir,

                                                    Thanks a lot for your help. May i know what is "substituted service" in my case? Will court send the petition again to the other party?

Is it good that myself notify them literally?

Thanks,

Suresh.

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

@ Suresh Kumar:  The first instance was that the summon of notice was sent to her to the address you  have stated in the divorce petition by registered post as well as through court, if both the notices were returned stating addressee not available or no such addressee, th court will ask you to furnish fresh batta with correct address, if you file fresh batta with correct address or other known address and the same is also returned with the same reason, on your application under CPC for substituted service of summons, the court may permit you to publish the notice of summon to her in any local leading newspaper giving the details of next hearing of the case, if she is not appearing even in that date before the court, an order of exparte decree will be passed by the court disposing the petition as prayed for by the petitioner.

Sumarlakje (Worker)     25 December 2013

Dear Kalaiselvan Sir,

                                        Thanks for your reply. Till now we are unable to find the other party. If we get a divorce thru ex-parte order then is there any possibility to re-open the case by the other party in future? Is this ex-parte divorce fully legel?  Once i get this ex-parte order  Is it fully legel  to get 2nd marriage?

Thanks,

Suresh


(Guest)

Yes it is legal if all the notices are served properly without any irregularities. You must wait for 90days after you get divorce via exparte to get a right to marry again.

Sumarlakje (Worker)     26 December 2013

Dear All,

                  Thanks for your quick reply. I have a small doubt. 3 months before myself and she had a discussion thru phone and she told like I will sign the documents after settlement made but I won't come to the court & I cant come to the court. In this case what can i do with that sign? Can I get divorce with that sign?

In this situation is it enough if I get signed in the document or is it mandatory that other party should come to court.Is there any way she can authorize any other person to come to court instead of her? Is there a particular clause we need to add in the document for this?

Please help me on this how should I proceed further?

 

Thanks,

Suresh

ashoksrivastava (scientist)     26 December 2013

Originally posted by : Sureshkumar


Dear All,

                  Thanks for your quick reply. I have a small doubt. 3 months before myself and she had a discussion thru phone and she told like I will sign the documents after settlement made but I won't come to the court & I cant come to the court. In this case what can i do with that sign? Can I get divorce with that sign?

In this situation is it enough if I get signed in the document or is it mandatory that other party should come to court.Is there any way she can authorize any other person to come to court instead of her? Is there a particular clause we need to add in the document for this?

Please help me on this how should I proceed further?

 

Thanks,

Suresh

@  Suresh She can give POA to some relative to represent her in court else her personal presence is mandatory

regards ASHOK

Sumarlakje (Worker)     27 December 2013

Hi All,

           Thanks a lot for your big help.....


thanks,

Suresh.


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