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Long delay in getting exparte decree


03-Oct-2025 (In Divorce Law)
My spouse was elopped in Nov'23 with another married man; missing complaint lidged on the same day; Divorce case filed in Jan'24. Summons sent to her Father's house; It was a good delivery; paper publication done in Sep'24; Exparte announced for her in Dec'24 and for the man in Jun'25 with a 7 months delay; no progress after that though 2 hearings done; now came across that the case is being shifted to another court in Pune & hence case will be on hold at least for 3 months. any suggestion ?
Answers (3)

Answer #1
710 votes
Procedural requirements: Even if the other side doesn't appear, the court still requires you to prove your case with evidence (affidavits, documents, witnesses, etc.). The court won't grant a decree just because the other party is absent. 2. Court workload: Many family/civil courts are heavily burdened, so hearings and orders can get adjourned. 3. Service of summons: If there is doubt whether the respondent was properly served, the judge may delay granting ex-par decree.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
774 votes
Dear client based on your query, Since your spouse has been missing and an ex-parte divorce process is already underway, the delay caused by the case transfer can be managed legally. You should immediately file an application before the court, requesting expedited hearing under Section 21-B of the Hindu Marriage Act, 1955, which mandates speedy disposal of matrimonial cases. For further detailed discussion feel free to contact us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

LawRatoPune | 200+ Answers
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Answer #3
761 votes
Well, if you do not want to get your case transferred from one court to another Court in Pune, then, you have to file a Case in High Court to restrain such thing from happening, I will assist you. Hope you got due clarity
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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