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Hi, I am a married women and want to take divorce. I have heard about exParte divorce where I can fi
07-Mar-2023 (In Divorce Law)
Hi, I am a married women and want to take divorce. I have heard about exParte divorce where I can file in the divorce case and in case the spouse doesn't come for hearing then the divorce can be granted. How easy is this type of divorce and is there anything I should be worried while taking this type of divorce.
yes exparte divorce is definitely possible unless & until opposite party doesn't put any objection which court feels authentic and would give some other remidy or it can be delayed.so best way is if both parties mutually agreed else though exparte is ofcourse possible.
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Adv. Apurv Sharma
Noida | 100+ Answers
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yes you can file the divorce as being the last option as exparte divorce is a bit time taking process as it's mandatory for the court to issue notice but if the opposite party ie your husband doesn't appear inspite given several notices then the court is inclined to give an exparte divorce decree but if there is any hope for you to live together it's better you can go for a mediation in High Court as divorce is the last option for further query details you can contact us.
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Adv. Rahul Rathi
Allahabad | 500+ Answers
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Dear Client,
Basically there are just two type of divorce possible.
1) Mutual Consent Divorce - Where in both the spouse are required to appear before the competent Family Court and file a joint petition for divorce with their mutual consent.
2) Contested divorce - Where one of the spouse comes before the competent family court with his/her grievances and in pursuance was willing for the dissolution of their marriage.
So as far as i can understand from your query you would be seeking a contested divorce, whereby when one of the spouse will not contest then in situation as such ex parte divorce will be granted.
Regards.
Basically there are just two type of divorce possible.
1) Mutual Consent Divorce - Where in both the spouse are required to appear before the competent Family Court and file a joint petition for divorce with their mutual consent.
2) Contested divorce - Where one of the spouse comes before the competent family court with his/her grievances and in pursuance was willing for the dissolution of their marriage.
So as far as i can understand from your query you would be seeking a contested divorce, whereby when one of the spouse will not contest then in situation as such ex parte divorce will be granted.
Regards.
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Adv. Tushar Bahadur
Lucknow | 400+ Answers
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on the above mentioned query when you file a divorce petition , the case admitted and order of the issue notice to the opposite party. after the confirmation of the receiving of notice to the opposite party, if the opposite party fails to appear on the three date's fixed ,then the presiding officer passed the order for ex-parte evidence of the suit. on the next date if the ex-parte evidence filed and hearing of the case then the presiding officer can passes the final ex-parte order in favour of the applicant.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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