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Request for Legal Guidance – Wife Not Appearing in Divorce Case.


20-Jul-2025 (In Divorce Law)
Meri divorce case 30 September 2024 ko file hui thi, aur ab tak 5 hearings ho chuki hain (Dec 2024, Jan, Mar, Apr, July 2025). Meri wife sirf ek baar 28 April 2025 ko court mein aayi thi, baaki sabhi dates par absent rahi. Case ab tak (W.S.) stage par hi atka hua hai. Agli sunwai 18 September 2025 ko hai. Main mentally disturbed hoon aur chahta hoon ki case ex parte proceed kare. Kya main Order IX Rule 6 ya Order VIII Rule 1 ke tahat application file kar sakta hoon? ya kuch aur krun??
Answers (5)

Answer #1
786 votes
Greetings I can understand yiur distress In your scenerio, your wife has partially appeared in front of court, you can file an application in family/district court praying that your wife has intension to harrad you by not appearing on regular dates and ask the court to pass an ex partee and proceed Thank you
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Advocate Anuj Goel

Adv. Anuj Goel

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Answer #2
500 votes
Yes...if the opposite party is not appearing before the court then you can always file an application under Order 9 Rule 6 that the case should be proceeded ex-parte as the defendant is not appearing before the court.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
801 votes
I am Advocate Sumit Yadav, To assist you effectively and guide you toward the appropriate legal remedies, I would need more information regarding your case. Kindly share the relevant details at your earliest convenience. Hope to hear from you soon.
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Advocate Sumit Yadav

Adv. Sumit Yadav

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Answer #4
628 votes
Since your wife has appeared only once on 28 April 2025 and has remained absent on all other dates despite multiple opportunities, you can file an application under Order IX Rule 6 CPC requesting the court to proceed ex parte. The court may allow it if it is satisfied that she has deliberately failed to appear. Additionally, if the Written Statement (W.S.) has not been filed till now, you may also raise the issue under Order VIII Rule 1 CPC, seeking that her right to file W.S. be struck off due to inordinate delay. Submit a formal application on the next date (18 September 2025) stating these facts and request the court to proceed further in your absence of the respondent.
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRatoDelhi | 400+ Answers
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Answer #5
655 votes
There's no need to file any application. If she doesn't appear on the next date you can ask the court to proceed to the exparte hearing even orally. In that situation the court will give her the last opportunity to appear then the suit will proceed ex parte and get dismissed. It's advisable to provide your Plaint and WS to rule out the possibility of any adverse effect on your suit. It's advisable to provide more details to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
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