I Have Filed Divvorce Case Ws Not Files

Question

I Have Filed Divvorce Case Ws Not Files

15-Feb-2025 (In Divorce Law)

I have filed contested divorce wife not replies to my main petition amendment was also carried out she didn't reply to the amendment also what will happen next what will be the time required if next is evidence stage

Answers (5)

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All Answers

Advocate Devang Manjrekar LawRato · Accepted Answer · 2025-02-15T08:37:09+05:30

Answer #1

If the wife hasn’t replied, the court may proceed with evidence. You must file an affidavit of evidence, followed by cross-examination. If she remains absent, you may seek an ex parte order. Timelines vary by court.

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Advocate Neelkanth Goswami LawRato · Accepted Answer · 2025-02-15T12:36:58+05:30

Answer #2

If the Respondent does not file their Say/ Written Statement you can apply to the Court to proceed the matter without Written Statement/Say and pass No WS order. Once the court passes No WS order you can lead evidence before the court and proceed with the matter in Normal course. However the Respondent will be given an opportunity by the court to Cross examine you.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-02-15T18:13:03+05:30

Answer #3

Well, if your Wife has not been replying to the amendment in Petition carried out by you, moreover, if she remains continuosly absent along with her Advocate, then, an Ex Partee Decree can be passed in your favor.

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Advocate Ranabir Datta LawRato · Accepted Answer · 2025-02-15T19:13:47+05:30

Answer #4

In a contested divorce case, if the respondent (wife) does not file a reply to the main petition or the amendment, the court may proceed ex-parte (in her absence). The next stage will likely be evidence, where you must submit proof supporting your claims. The timeline depends on the court’s schedule, but typically, after the notice period lapses, the court may fix an early date for evidence. Consulting your lawyer for case-specific timelines is advisable.

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Advocate Anish Palkar LawRato · Accepted Answer · 2025-02-17T12:56:53+05:30

Answer #5

Dear client based on your question, If your wife continuously fails to reply the court may treat the case as ex parte which means one sided decision under CrPC . You can also request the court to proceed with the case without her response and move to the evidence stage . However, this process requires careful legal guidance to ensure the best possible outcome. Please feel free to reach out if you need assistance with the next steps.

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