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Regarding last clarification order in exparte divorced
02-Apr-2025 (In Divorce Law)
Case Summary
-Case started in 2023
- Opposite party not received summons, not present
- Court published papers, private notice, and court summons
- Judge passed 3 orders in 3 hearings, informed argument, and gave clarification status
Current Status
- Last summon sent via private and court, but court notice not returned
- Judge extended hearing date to this month (25th)
Your Doubt
- If the same situation happens in this hearing (court notice not returned),expect order?
S.Gunasekar Advocate Answer.
If the court notice is not returned again in this hearing, the judge may take one of the following actions:
1. Extend the Hearing Again – The judge may grant more time for the notice to be served properly, especially if they believe there is still a chance of delivery.
2. Proceed with Ex-Parte Order – If sufficient efforts have been made to notify the opposite party (through court notice, private notice, and publication), the judge may consider proceeding ex-parte (without the opposite party) and pass an order in your favor.
3. Ask for Alternative Steps – The judge may direct further steps, such as another mode of service (e.g., substituted service like newspaper publication again) or confirmation from the post office.
If the judge has already clarified the argument status and extended the date multiple times, there is a higher chance that they may move forward with an ex-parte order this time, provided they are satisfied that reasonable attempts have been made to notify the opposite party.
Helpful?
Adv. S Gunasekar
Chennai | 100+ Answers
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