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Procedure to get ex-parte divorce
10-Oct-2023 (In Divorce Law)
My husband harrass me mentally and few times physically in last 20 yrs of our marriage. Now I want divorce from him. He is ready for divorce but don't want to wait for six months for second motion. We both want divorce as soon as possible. For that someone suggest me to file divorce on harassment basis with a police complaint. Now I want to know if I file case on this basis and my husband appear in court and said he also want divorce from me is it possible that we get divorce early ? Is it possible that he become ex party and don't appear in court and then we get divorce earlly ?is court issues arrest warrant against him if he will not appear in court nor his lawyer ? Ok m Hindu.
In my opinion, the best option is to file a mutual divorce petition, and wait for the mandatory six months period to expire. I would not recommend the way out of taking an ex-parte order as queried by you
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Exparte idea is good but if you are in Delhi it will take at least 8 months to get decree as four stages are to b covered n each will take 2 months in average n even more . so what is wisdom in it . next in civil matter no one is arrested for non appearance . one may or may not appear his choice n court is not any party to any civil matter .
Regards
Regards
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Adv. Rajinder Raina
Delhi | 25+ Answers
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When both of you are looking for Divorce then Divorce by mutual consent is the only way available. So file a Divorce Petition under mutual consent and the statuary period of six months is mandatory. so that you both have to wait but no need to stay together. But practically these days courts are granting Divorce by mutual consent little earlier than six months. The other thing of dont file any Divorce case on harassment because it will complicate the whole process. somebody has misguided you. There is no possibility of ex-parte Divorce and all. Please consult a lawyer at the earliest.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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