time taken to issue an final Ex Parte Divorce. Also when can I remarry

635 votes

Based on the facts shared, if your husband has repeatedly failed to appear despite being duly served, the Family Court may proceed ex parte against him. Once the evidence has been completed and the matter is listed for final arguments, the Court generally reserves the matter for judgment. However, the exact timeline depends on the Court's workload, the Presiding Judge, and administrative factors such as transfers or change of judges. Unfortunately, adjournments due to the Judge being on leave or transfer can delay the matter even when it has reached the argument stage. If the matter is already at the stage of final arguments, your advocate may request the Court for an early hearing or oppose unnecessary adjournments. In many cases, once final arguments are concluded, the judgment may be pronounced within a few weeks, though it can sometimes take longer depending on the Court. Regarding remarriage, you should not remarry immediately after the divorce decree is passed. It is advisable to wait until the statutory period for filing an appeal has expired or, if an appeal is filed, until it is finally decided. Remarrying before the expiry of the appeal period may lead to avoidable legal complications. For more specific guidance, it would be helpful to know: 1. Whether this is a mutual consent divorce or a contested divorce. 2. Whether your husband has been duly served with summons. 3. Which Family Court is hearing the matter and the next date of hearing. After reviewing these details, I can provide more precise advice regarding the expected timeline and the appropriate stage for remarriage.

Advocate Anmol Sharma LawRato

970 votes

Okay for consultancy , you can contact me . You are guided properly in detail. Darshna singhal advocate and associate. After getting proper details , only then I can help you with your case. So it's better If you call me.

Advocate Darshna Singhal LawRato

829 votes

Since the matter is already at the stage of final arguments and the respondent has remained absent despite several opportunities, the Court may proceed ex parte if there is no valid reason for his non-appearance. Although repeated adjournments due to change of Presiding Officer or administrative reasons can delay the matter, once final arguments are heard, the judgment is generally pronounced within a reasonable time, subject to the Court's workload. You may request your advocate to press for early disposal and oppose unnecessary adjournments. As regards remarriage, under Section 15 of the Hindu Marriage Act, 1955, it is advisable to remarry only after the divorce decree becomes final and the limitation period for filing an appeal has expired, or if any appeal filed has been

Advocate Usha Gehlot LawRato

763 votes

Based on the facts stated by you, since your husband has not appeared despite service and the matter is already at the stage of final arguments, the Family Court can proceed ex parte and pronounce the judgment after hearing your side. Repeated adjournments due to change of Presiding Officer or administrative reasons may delay the matter, but your advocate can request the court for an early hearing and early pronouncement of judgment by filing an appropriate application. There is no fixed timeline for delivery of judgment. However, once final arguments are effectively concluded, the court generally pronounces the judgment within a reasonable time, subject to its workload. As regards remarriage, under Section 15 of the Hindu Marriage Act, 1955, it is advisable to remarry only after the appeal period (generally 90 days from the date of the divorce decree) has expired and no appeal has been filed, or after any appeal filed has been finally decided.

Advocate Raman Sahu LawRato

986 votes

I suggest you take out the certified copies of the court orders. If the opposite party is not appearing then they must have been proceeded ex parte. It is best you take second opinion from a lawyer after showing court orders

Advocate Dhananjay Mishra LawRato