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Procedure to get ex parte divorce


21-Jun-2023 (In Divorce Law)
When i came to know that my wife had relationship with somebody, quarrel started. She asked me to vacate the house. i asked for divorce. She filed a a case against me (498,506). She gave money to police to arrest me. My name and address everything they mentioned wrongly in the FIR. I got i bail. I vacated the house and city 8 years ago. she lied to my relatives that She withdrew the case. After some years we had discussion and she visited me few times. I also came to know that she didn’t withdrew the case. I asked to live with me But she refused. She is ready to visit me occasionally but not ready to live together. We had quarrel. So i decided to file a divorce case. I visited her address where she was staying but i came to know that she vacated the house. I phoned her she was not ready to tell her address. Meanwhile court has ordered to place the divorce notice advertisement in the paper. I dont know where she has been living for the last 8 years. Now lawyer say i will get ex-parte divorce
Answers (2)

Answer #1
773 votes
Whatever your lawyer says is right. Once the party to the proceedings voluntarily suppresses the address, then we need to seek permission from the court to publish the summons in the news paper. Once the same is published and inspite of the same, the parties does not appear before the court, the deems the service/summons to have been served and passes an order as prayed for.

Thats known as exparte order. The party who was set exparte can any time approach the court to set aside the exparte order and contest the case. It is the discretion of the court concerned to dismiss or allow the set aside petition.

Answer #2
522 votes
THE PERSON HAS NOT MENTIONED WHETHER HE FILED THE CASE OR THE WIFE HAS FILED THE CASE. IF HE FILED ONE THEN THE SUBJECT OF EXPARTE IS AVAILABLE. IF NOT IT IS NOT POSSIBLE FOR HIM TO GET IT. THE PERSON HAS TO PUBLIC THE ISSUE

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