How much time will it take to get divorce as wife not coming to court
24-Nov-2023 (In Divorce Law)
Dear LAWYER, AS MY DIVORCE CASE HAS BEEN RUNNING. CURRENTLY I HAVE GOT APPROVAL ON EXPARTY ORDER AS MY WIFE IS NOT AT ALL ATTENDING DATE. WE HAVE SEND ALL POSSIBLE NOTICE TO HER AND ALSO RECEIVED CONFIRMATION ON THAT, SHE HAS GOT ALL BELIEF NOTICE. SO MY QUESTION HERE IS WHAT WILL HAPPEN AFTER MY STATEMENT RECORD. HOW MUCH TIME WILL TAKE AFTER THAT TO GET DIVORCE DECREE. REGARDS,
Any divorce case which is contested and not on mutual basis has to follow the procedure as per the code which is more time consuming than one mutually decided. You have mentioned that you have got an order to proceed on ex-parte basis, you have to lead your evidence as if she was available to defend it. Depending on the number of witness and their availability , dates will be assigned. If you able to attend the matter religiously with all your witness, you can expect it have a divorce order fast .
After your statement is recorded or rather affidavit of evidence is filed, the matter will be posted for Arguments and thereafter, if the Court is satisfied that you have indeed made out a case for the reliefs which you are seeking, then the Court will allow your Petition. In the meanwhile, there is a possibility that your wife may appear just before the passing of the Decree of Divorce and move an Application for setting aside the said ex-parte order in which case your matter will proceed from scratch or from whichever stage your wife stopped appearing.
With reference to the above statement, for this we required more details, where if the ex-party decision is already awarded then it will hardly some month to get your decree, but we want to understand some more
If it is already exparty order then there is no time to take for divorce any more. If your wife is not attending the dates of hearing and has giving her confirmation for divorce then the exparty decree will be passed as early as possible once the court gets satisfied by same.
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