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Counter claim by wife dismissed & expartee meaning


23-Aug-2023 (In Divorce Law)
I am the wife & I found the following lines in a matrimonial suit : During the pendency of hearing of suit, no step was taken by the petitioner husband. So the suit filed by him was to be dismissed. But as the respondent wife has filed a counterclaim for a decree of divorce it was fixed for ex Parte hearing of counterclaim. The final decree of a matrimonial suit states , " Hence it is ordered, Counter claim dismissed & exe party without cost. Decree sealed & signed on this date. " I want to know : Does it mean divorce granted? Please help, I am in trouble.
Answers (2)

Answer #1
696 votes
dear client as per your query since ex-party order is granted by the court may be the opposite party did not appear in the proceedings so this decree is given after getting this order you are not fully free to re-marry again you can consult me online..
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Answer #2
501 votes
how is it possible. if the husband petitioner who filed the suit most probably for restitution of conjugal rights has not taken step and because of which the suit got dismissed and the counter claim of the wife has been allowed ex party for divorce and if the wife has conducted her case till the end then the suit as far as the counter claim is concerned has to be decreed ex party and the divorce seems to be granted. Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate High Court, Calcutta.
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