What are the essentials for an Ex Parte Divorce

17-Apr-2023 (In Divorce Law)
I am based in Kolkata and I was married on November 1st, 2015 in Australia to an Indian who is a citizen of Australia. We are not in touch from the past 2 years, can I apply for an Ex Parte ? what is the procedure
Answers (3)

Answer #1
804 votes
Sir, after filing divorce case, court will send a notice to your wife. If she appears in court after receipt of notice, it will be contested divorce. If she does not appear, it will be exparte divorce. However, either way wou will get divorce. Please call for more details.

Answer #2
749 votes
No, you can not. Law give all equal opportunity. If you want divorce you will have to serve the opposite side at the last known address by you. Two years of living separately is good ground for divorce.
You will have to file a divorce petition in India in the nearest district court where you live. copies will be sent to otherside, if she does not appear, divorce decree will be granted. If she comes, she will contest the matter.
Answer #3
964 votes

Yours is a very special case under the Commonwealth citizenship which would require a Committee to be constituted for your benefit and your child. I cannot advice further without going into further details.


Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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