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Husband not appearing for divorce matter, how to get ex parte divorce
19-May-2023 (In Divorce Law)
Respected Members, I filed divorce against my husband and send the notice to my in laws house, he was in foreign country since last 4 years and my in laws did not share his address with me. When I sent the notice it was returned. Then I found out his office address it tool several months to trace that out and send the notice to that country address. After that my case was set ex parte, next hearing FIL appears as GPA holder and the same is dismissed by the court and a date is given, he doesnt appear and then I am set ex parte, I got the decree. Now Immediately on the next week he comes from abroad and wants to set aside the petition. Already once via GPA he tried doing that and the court did not accept. What will happen now? Will the court again reopen the case because he is here... also he sent me divorce notice from abroad 1.5 years back which I did not accept and the case abroad was dismissed. His GPA was signed 6 months before FIL was playing wait and watch game.
Yes - the court will accept as he is here - he has to be given a chance under principal of natural justice and that is the law - now you have to prove what you have said in your petition to get divorce from the court
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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If you have already received the final decree then your case will not be re opened however the option of filing a writ petition/appeal is possible before the high court. Pls file a caveat ASAP so that you are informed if your husband challenges the order before the high court.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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Dear friend,
There is lots of complication and niche has arrived due from both sides and require thorough scrutiny to decide, do not depend on the online advice only as this is only to that specific question .Do visit at our OFC : Adv Pankaj Kumar & associate...
There is lots of complication and niche has arrived due from both sides and require thorough scrutiny to decide, do not depend on the online advice only as this is only to that specific question .Do visit at our OFC : Adv Pankaj Kumar & associate...
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Respected,
As you informed that in a case exparte decree has been passed. Here there is a chance that he can challenged the exparte decree in appellate court only. If the notice is not served he can reopen the earlier case by giving the proper reason. In your case, FIL appeared it means he was notice was served and he is having sufficiency knowledge over the case.
Now he "can" challenge the order in appellate court.
Moreover as you told he is also sent a notice to your for divorce. Please confirm that is he filed any divorce petition.
As you informed that in a case exparte decree has been passed. Here there is a chance that he can challenged the exparte decree in appellate court only. If the notice is not served he can reopen the earlier case by giving the proper reason. In your case, FIL appeared it means he was notice was served and he is having sufficiency knowledge over the case.
Now he "can" challenge the order in appellate court.
Moreover as you told he is also sent a notice to your for divorce. Please confirm that is he filed any divorce petition.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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