Procedure for ex-parte divorce


I got married in 2016 under Hindu Marriage Act. My wife continued her pre-marital affair after our marriage too. After giving her 3-4 chances, she didn't stop and even didn't want to give divorce. So finally in 2017, we filed a case in court for divorce. Meanwhile we got to know that she flew to abroad on "single" marital status. No one from her side appeared for 3 hearings. In last hearing, court had given order to put "cholu" on their board where belief personally takes notice and apply it to their house. Even after that, neither girl nor her lawyer appeared for hearing. So court has now given order to close their side for argument and given date of next month. I just want to know what would be the next steps for ex-parte and how many hearings happen before court grants ex-divorce?

Answers (2)


305 votes

After non appearance of other party or second party court can give ex-party order after giving ex-party application. You need to give ex-party appication for ex-party order. Contact your lawyer for appliaction and further guidance.


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283 votes

If you want your wife must be appear than you have to file separate application to order to Indian passport office for cancel the passport and your wife will be deport in India from any were in the world.
Now as per your case at present stage, if your side lawyer argued to pass an ex- party order than court will pass an ex-party order after may be few adjournments on the basis of present evidence before the court.

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