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Pros and cons of ex-party divorce
23-Nov-2023 (In Divorce Law)
i want to know about a ex-party divorce given to a wife. pros and cons of it. Procedure to get the ex-party divorce certificate
hi,
there is no procedure to get the ex-party divorce decree. if you file divorce case against your wife and after service of notices to her to appear before the court if she fails to do so court will declare her as ex- party and proceed with the case.
she can come to the court at any point of time and pray the court to set aside the order passed by the court against her and court will generally allow the application and gives her chance to contest the case.
there is no procedure to get the ex-party divorce decree. if you file divorce case against your wife and after service of notices to her to appear before the court if she fails to do so court will declare her as ex- party and proceed with the case.
she can come to the court at any point of time and pray the court to set aside the order passed by the court against her and court will generally allow the application and gives her chance to contest the case.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Is ex parte divorce safe?
If you are convinced that your spouse is avoiding court, the court will grant an ex-parte dissolution of marriage within 3 to 4 months. If the ex-parte decree is not set aside in 30 days by the family court, or in 90 days by the appeal court, it will become final.
Can wife claim maintenance after ex parte divorce?
She can claim maintenance on behalf of herself and her minor child, provided she has not been remarried or is not working. The court may grant interim maintenance to your wife if she is unable to support herself, or does not earn. DIVORCE DOES NOT AFFECT THE OFFENSE UNDER SECTION 498A OF IPC.
How do I challenge my ex parte divorce?
The exparte divorce can be called off, and you can apply to the Court for an opportunity of justification. Absent parties can give a valid excuse for their absence. The Court can then cancel the Exparte divorce decree and the case may be revived. 26-Sept-2023
Hi
Ex-parte decree can always be contested on the grounds that the other party was not aware of the court proceedings or could not attend the court proceedings on the grounds of prolonged hospitilisation etc.
So need to know the reasons for grant of ex party decree by the court.
Procedure to get exparte divorce decree- Courts will grant multiple opportunities for the parties to be present. However if the court is convinced that one of the parties is purposefully avoiding the court proceedings then the courts may grant ex-parte divorce.
Ex-parte decree can always be contested on the grounds that the other party was not aware of the court proceedings or could not attend the court proceedings on the grounds of prolonged hospitilisation etc.
So need to know the reasons for grant of ex party decree by the court.
Procedure to get exparte divorce decree- Courts will grant multiple opportunities for the parties to be present. However if the court is convinced that one of the parties is purposefully avoiding the court proceedings then the courts may grant ex-parte divorce.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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want to know about a ex-party divorce given to a wife. pros and cons of it. Procedure to get the ex-party divorce certificate.
It depends on lawyer to lawyer and court to court plz meet personally so that this thing's can be discussed fully.
It depends on lawyer to lawyer and court to court plz meet personally so that this thing's can be discussed fully.
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Adv. Nilesh Narania
Hyderabad | 100+ Answers
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Disadvantages to Exparte Divorce. The disadvantages to an exparte marriage are that the other spouse may challenge the divorce, or the divorce could be unfair.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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