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Divorce suit and non appearance of other party


13-May-2023 (In Divorce Law)
Hello sir/mam my sister filed a divorce suit..but its 2 years.ow..and there have been 4 dates but the other party does not appear on dates.my question is till when we have to give notice and dates and if he do not appear then will this continue infinitely?
Answers (3)

Answer #1
861 votes
If husband is not appearing then the court will grant ex parte divorce decree in favour of your sister. Also if the court is not granting the same ask your lawyer to please the court by showing the deliberate defiance of the husband to the summons of the court. For any further legal assistance please feel free to contact Thanks
Answer #2
860 votes
Hello Sir, If upon filing of the correct address also they are not appearing then you can ask the Court to proceed Ex-Parte ie., in the presence of one party the matter shall be heard. Please move appropriate Application for the same. Best Sishmita Kumari
Answer #3
921 votes
Actually these are civil cases where you are seeking dissolution of marriage from family court, if the party does not appear responding to the notice issued for reasonable dates which has certainly passed in your case, you can always ask the court to set the other party exparte and continue the case in his or her absence. It is pertinent to state that courts are well in their power to pass judgments in the absence of the party defendant if someone does not appear

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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