Getting decree of divorce if wife is not appearing for proceedings

963 votes

Dear client,

If your wife is not appearing in the court to defend the case. despite of services summonses. Then the Family court have right to pass the ex-party divorce decree in the favour of husband. It will take little time.

Advocate Sanju Lata LawRato

828 votes

In the case of divorce if your wife is not appearing even after getting summons served upon her, the court may proceed the divorce process ex-parte and her opportunity to contest will be closed. However, it depends from court to court how soon this shall be done. Contact your local lawyer for the same.

Advocate Soma Pandey LawRato

684 votes

A procedure is to be followed and then court can proceed ex-party, without hearing your if she does not appears. IN such case you can get divorce. BUT court will first satisfy itself then proceed without hearing other party. AS your counsel to file application for moving ex-party, if she is not appearing in court.

Advocate Sheikh Waliuz Zaman LawRato

739 votes

Sir, the matter about which you are talking can be proceeded ex-parte means the case for divorce may proceed in absence of the other party if the court is satisfied that the other party has been served with the notices or summons and the party is deliberately not appearing in the matter.

Advocate Piyush Shrivastava LawRato

425 votes

If your spouse does not appear for divorce court proceedings in India, several things can happen:

1. Ex Parte Decree: If your spouse fails to attend court despite being served summonses and notices, the court may proceed with the case ex parte. This means that the court will make a decision in your favor without your spouse's participation.
2. Evidence and Testimonies: You can present evidence, testimonies, and arguments in court to support your case for divorce. The court will consider the information presented by you and any other relevant evidence to make its decision.
3. Court's Decision: The court will examine the merits of your case based on the evidence and arguments presented. If it finds valid reasons for divorce and is satisfied with your case, it may grant the divorce decree in your favor.
4. Alimony and Property Division: The court will also consider issues such as alimony, child custody, and property division during divorce proceedings. These matters will be decided based on the available evidence and the best interests of the parties involved.

Advocate Chikirsha Mohanty LawRato