Hearing-wise Steps between divorce expartee order and decree

959 votes

Well, if the Expartee Order has been announced, then, no more Hearings will take place, you have to just apply for an Application to seek Certified Copy of the Expartee Order passed! Once you get it, it will act as an Evidence, that, you have now got formally, legally Divorced from your Husband!

Advocate Pankaj Bajaj LawRato

657 votes

After the ex-parte divorce order, the court typically waits 30 to 90 days to allow the other party to file a set-aside application or appeal. You should apply for the certified copy of the order, which takes around 7–15 days. Once no challenge is filed within the limitation period, the divorce decree becomes final. Overall, it may take about 1.5 to 3 months from now to conclude the process.

Advocate Mahrukh Khan LawRato

990 votes

As an advocate, With your ex-parte divorce order already announced, the path forward is primarily administrative. The court will now draft and sign your divorce decree, which is the final legal document. This typically takes a few weeks to a couple of months, depending on the court's schedule. There won't be any more hearings for you to attend; our focus now is simply on collecting the signed decree. We'll keep a close watch and let you know the moment it's ready.

Advocate Prashant Gupta LawRato

504 votes

What is an Ex Parte Decree? An Ex Parte Decree is a court order passed in the absence of one party when that party fails to appear despite receiving proper notice. ✅ Steps for Obtaining Ex Parte Divorce Decree: 1️⃣ Filing of Petition: Either spouse files a divorce petition under appropriate grounds (Section 13 of the Hindu Marriage Act, 1955 or relevant personal law). 2️⃣ Issuance of Notice/Summons: The court issues notice/summons to the other spouse (Respondent) to appear on a fixed date. 3️⃣ Non-Appearance of Respondent: If the Respondent fails to appear despite proper service of summons, the court may: Give another chance or Proceed ex parte (in absence). 4️⃣ Evidence of Petitioner: The Petitioner presents their evidence (oral, documentary, or affidavit) supporting the divorce grounds. 5️⃣ Court's Satisfaction: The court examines the evidence to ensure that: The case is genuine. The legal grounds for divorce exist. 6️⃣ Passing Ex Parte Decree: If satisfied, the court grants divorce by passing an ex parte decree. ⚖ Key Legal Points: The Respondent can later file an application under Order IX Rule 13 of the Civil Procedure Code (CPC) to set aside the ex parte decree by showing: Sufficient cause for non-appearance. Fraud or improper service of notice. If no application is filed or it is rejected, the ex parte decree remains valid and final.

Advocate Dhananjay Ravikant Gangawane LawRato