Ex-parte divorce (hindu) if the wife is not appearing for hearing
13-Jul-2023 (In Divorce Law)
I have filed a divorce case against my spouse on grounds of extreme unbearable cruelty, with all evidence. Summon was recieved by them but they did not show up in court on the said date. When can the court proceed ex-parte? How long will it take for ex-parte proceedings to complete?
The court may proceed ex-parte if court observes that your spouse is deliberately evading for court. And once ex-parte proceedings are initiated, it will not take much time for final conclusion. However, the time for final decision will also depend on the many other factors such as your plaint, evidences, your prayer, etc.
The court can proceed exparte at anytime after receiving the report on summons. There is no hard and fast rule on these matters. it is totally the court's discretion. it can wait, adjourn or it can pronounce orders. Ex parte proceedings may take so much of time as your advocate may need to present the evidence and conclude his arguments. He will have to convince the court about the need for early disposal.
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