Future Procedure Of Divorce After Passing Exparty

Question

Future Procedure Of Divorce After Passing Exparty

27-Jun-2026 (In Divorce Law)

I have filed a divorce petition under Section 13(1)(ia), 13(1)(ib), and 13(1A)(ii). Summons were issued to the opposite party, but on the next hearing, the summons were returned with the remark "Refused." The court has proceeded ex parte and directed me to file my evidence. If my wife does not appear in the subsequent hearings, what will be the procedure on the upcoming dates? What steps should I follow until the final decree is passed?

Answers (5)

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2026-06-27T18:26:24+05:30

Answer #2

Since summons were refused and the court has proceeded ex parte, file your affidavit of evidence with documents, get your examination recorded, close evidence, argue the case, and seek an ex parte divorce decree. The wife may still apply to set aside the ex parte order before judgment.

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LawRato LawRato · Accepted Answer · 2026-06-27T18:42:15+05:30

Answer #3

I can assist you with the entire ex parte divorce process from filing evidence and leading your examination to obtaining the final divorce decree, while ensuring all legal procedures are properly followed. Feel free to DM me with your case details.

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Advocate Rajesh Ramprasad Jaiswal LawRato · Accepted Answer · 2026-06-27T20:55:28+05:30

Answer #4

you already filed divorce petition, exparte order also pass, court also directed to produce evidence, you must produce your evidence and close the your side, if opposite party is not appear and not set aside exparte order than case will be posted for judgement...

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Advocate Moksh Jain LawRato · Accepted Answer · 2026-06-29T13:40:32+05:30

Answer #5

As the respondent has not appeared even after the service of summons that the court may proceed Ex parte. Further you are required to file all the evidence in the court (i.e. Affidavit of examination-in-chief, documentary evidence). After that you can request the court to close the petitioner's evidence. In the final arguments you need to state that the service was valid and there is no rebuttal to the evidence and After that, if satisfied the court may pronounce the ex-parte judgement and decree of divorce.

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