Effect on my case if I don't attend divorce ex-parte proceeding

716 votes

Hello Sir/Madam,
If you don't attend a divorce petition case, then you'll be set exparte and divorce 'll be granted. Same applies to child custody case also. whether child custody will be decided in divorce petition depends upon the facts and the case initiated. Normally it'll be decided separately.After the passing of ex parte decree you can definitely contest the same by applying to court.

Advocate M. Dheenadhayalan LawRato

587 votes

If you were not attended or appoint an advocate on behalf of you to represent in court after receiving notice from court, petition will be decided expartee. That is petition will be decided on Marit without hearing you. That means if you are set ex partee, then also petition shall not be allowed without satisfaction of the court to grant divorce. Regarding the custody of child also same. If you want to transfer the case from it is filed to the place you are residing, you have to file transfer OP before concerned high court. It will decide on the merit. Regarding set aside expatee order, within 90 days from the date of orfer you can file set aside petition to set aside expartee order, if court pleases to set aside, you can contest the case

Advocate Santhosh LawRato

619 votes

The expartee decree can be reopened at High court level only by making an appeal. the person has not mentioned anything about the order date or anything in details about the case. transfer of case is also possible.

Advocate Murali Krishnan Sanjeevi LawRato

289 votes

Consequences of Not Attending Divorce Ex-Parte Proceedings in India
In divorce proceedings, it's essential for both parties to actively participate. However, if one spouse (the petitioner or respondent) fails to appear in court for divorce proceedings, several consequences may arise:

1. Ex-Parte Decree: When the petitioner (the party initiating the divorce) attends court, and the respondent (the other spouse) does not, the court may proceed ex-parte. This means the court will hear the petitioner's side of the case and make decisions based on the available information. The absent party's absence can result in the court granting a divorce decree in favor of the petitioner.
2. Default Judgment: The court may issue a default judgment, which is a legally binding decision in favor of the attending party (usually the petitioner). This judgment may include provisions related to the divorce, alimony, child custody, and property division.
3. Loss of Legal Rights: By not attending court, the absent party forfeits the opportunity to present their side of the case, cross-examine witnesses, and defend their interests. This can result in unfavorable rulings.
4. Alimony and Property Division: The court may make decisions regarding alimony or spousal support and the division of marital property without the input of the absent party.
5. Child Custody: In cases involving child custody, the court may award custody to the attending party if the absent party does not present their case.
6. Appeal: If the absent party disagrees with the court's decision, they may have the option to appeal the judgment. However, it can be challenging to reverse an ex-parte judgment.
7. Delay in Proceedings: While an ex-parte judgment can be issued, the court may also adjourn the proceedings to give the absent party another chance to appear. This can result in delays in finalizing the divorce.

It's crucial for both parties to attend divorce hearings to ensure their interests are represented and to engage in negotiations if necessary. If a party cannot attend due to valid reasons, such as illness or unavoidable circumstances, they should inform the court and request an adjournment.

Advocate Chikirsha Mohanty LawRato