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Can wife seek for an ex parte divorce as husband is in USA


29-Mar-2023 (In Divorce Law)
We have filed divorce case and case is running since 8 plus months n 6+ hirings. We have taken notarized divorce on paper and he will be present in court divorce that is also written in notary papers. Earlier no body from boy side attended hearing is first 4 hearing dates. After that we changed lawyer and he send to give application in police station we did the same, boy's parents came on 5th hearing n told they will come with POA in next hearing (as boy is in US). But after that other 4 hearings gone they are not coming to court. Now we have sent application cum warning as our lawyer to provide POA to his parents but they refused it to accept. Even after spending time n money the condition is as it is. Now our lawyer is saying to file FIR against them for not giving divorce and mental harassment. But I have read lots of stuff on ex party divorce, why court is not giving ex party decision.? What's the process n so that case can be settled without involving other party. Please guide.
Answers (2)

Answer #1
730 votes
I give an application for ex party order. Then court will check your case. If there is sufficient processes done on record then court can pass ex party order.
If notice served to opposite party as per law then court can do ex party divorce.
Answer #2
695 votes
At the outset let me tell you 8 months for a case of divorce is a very short period. Divorce cases run for years without result. Yes, you r right exparte divorce is possible after giving sufficient opportunity to the other side. In your case it seems too early. Last procedure is non-bailable warrant after police complaint. Even after that they don't appear it becomes a good case for exparte decision.

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