on going divorce case since dec 2022 i am very much stressed need your

724 votes

Well, if your Wife is neither coming to Court nor she has been letting her Advocate to represent her before the concerned Family Court, then, you can file an Ex-Partee Application for seeking Divorce.

Advocate Pankaj Bajaj LawRato

886 votes

if your wife is not appearing before the family court, there is a provision for non - appearance of parties the orders will be passed in her non- appearance, as she is already present before the family court but she is deliberately not coming before the court and delaying the matter, also there is a provision for divorce to proceed without other party appearing, but the case also changes when there is child involved as the child custody is something that courts give most importance so divorce may be granted with your prayer in the petition, also there should be pleadings in your petition where you should be seen as innocent before the court

Advocate Moksh Jain LawRato

587 votes

You need not worry if she's refraining from coming to court for the divorce proceedings. You can file an application for proceeding the matter ex parte that is, without the appearance of your wife. Matter will proceed and you'll be granted divorce on merits. You can approach me for further assistance if needed.

Advocate Rahul Mishra LawRato

756 votes

It's a full procedure where you have to put your part and apply for ex-parte divorce if she is not coming. if she comes in between then the judge will give her an opportunity to be heard. If she doesn't come then ex- parte proceedings can be done

Advocate Kajal B Joshi LawRato

635 votes

In your situation, it’s important to address the delay and non-appearance of your wife in court effectively. Since you have already filed a divorce petition and she has responded but is not appearing for hearings, you can take the following steps: You can file an application for a divorce based on her prolonged absence and lack of response. The court may consider her non-appearance as a lack of interest in the proceedings. Make sure to document all instances of her absence and any delays in her written statements. Request the court to proceed with the case on the grounds of her lack of participation. You can ask for a hearing to present your case and explain how the delays are affecting you emotionally and financially. The court has the discretion to expedite proceedings if there are valid reasons. Consult with your lawyer about the possibility of a summary judgment or a default divorce if your wife continues to fail to appear. This would allow the court to grant the divorce without her presence, provided you meet certain legal requirements. Ensure that you are following all court procedures and deadlines. Keep communication open with your lawyer to navigate any legal complexities that may arise. Taking these steps can help you move forward with your divorce and alleviate the emotional and financial stress you’re experiencing.

Advocate Rohan Venkatesh Yemul LawRato