Consequences of non appearance in first hearing of divorce matter?

573 votes

As reflected from your query you (husband) filed a Divorce petition against wife and the next date of hearing is in month of February before the family court.
The answer to first question in your query depends on the status of Summon(court noticee). If the service report indicates that summon was surved as per law and even after service of notice she doesn't appeared then court may pass an ex-party order against your wife and proceed the matter further ( framing of issues and your evidence) and after recording your evidence if court find the allegations in the divorce case as proved then court may pass an ex-party Divorce in your favour .
Now answer to second question in your query is further depends on appearance and non appearance of your wife ... if she appeared and contested the matter it will take time . Otherwise in case of non appearance of her . Depends on the courts burden of work and further dates ,although generally 4 to 7 months time period is required to get such order.

For more details kindly provide the details regarding ..
Your religion?
How old is your marrige ?
Ground of divorce ?
Date of issuance of Summons, ?

Advocate Varun Kaushik LawRato

616 votes

If despite of the proper service of summons she doesn't appear on the date fixed by the court then the court will proceed ex-parte against her and then you have lead the evidence on your behalf to get the divorce and hardly will take 2-3 dates after proceeding ex-parte against your wife

LawRato LawRato

691 votes

There are n numbers of execes there for adjournment of any matter including your as mentioned in the court of law. but, it's advisable not to avoid intentionally rather ask any laweyrs to take adjournment with a cogent reason.

Advocate Om Shanker Shrivastava LawRato

797 votes

There were several other factors apart from non appearance but within 6 months time you can get the filter of divorce. . .

Advocate Ramniranjan Chaturvedi LawRato

991 votes

I presume your petition is not for divorce by mutual consent.

If she doesn't appear on first date, where notice was duly received by her, then you may apply to proceed ex-parte.

But, even after proceeding ex-parte, she may apply to set aside ex-parte orders on satisfying the Court that there were sufficient causes for previous non-appearance.

If the Court accepts her application to set aside the ex-parte proceedings, then she may get chance to join the proceedings again for her defence.

Advocate Sandeep Naik LawRato