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What happens if spouse doesn't respond to divorce petition in india ?


17-Jul-2024 (In Divorce Law)
If I send a divorce notice to my wife and she didn't reply or answer to the notice then what should I consider? what happens if respondent does not respond to divorce petition ?
Answers (5)

Answer #1
340 votes

If a wife is not accepting a divorce notice, don't worry it doesn't automatically stop the legal process.

1. Attempted Service

The court will first try to serve the notice to her through standard methods (personal delivery, registered post, etc.).

2. Refusal to Accept = Deemed Service

If she refuses to accept the notice, it can be legally treated as "deemed service"meaning it's as if she received it. The court acknowledges that she was given a fair chance but chose not to respond.

3. Ex Parte Divorce

If she doesn't appear in court or respond even after deemed service:

  • The court may proceed ex parte (without her).

  • The judge will evaluate the petitioner's claims without hearing her side.

  • If the case is strong, the court can grant a divorce decree in favor of the petitioner.

4. She Can Still Challenge It Later

She can appeal or request to set aside the ex parte order within 30 days, but she'd need to provide a valid reason for not showing up earlier.


Refusing to accept a divorce notice won't stop the process. In fact, it can work against the non-responding party. The court can go ahead with the case, and a divorce can be granted without her input.

If you're the one filing, stay consistent with legal procedures and follow through with your lawyer's advice. If you're the one avoiding the notice it's better to show up and have your say in court rather than letting things go one-sided.

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Answer #2
865 votes
hi in this case if you send notice to your wife and it is not replied it can be assumed that the contents of the notice are accepted by her as not defended you can proceed to file divorce petition before the family court after the notice
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Answer #3
828 votes
You may consider that sending divorce notice was of no use as it is her right whether to reply to your notice or not. Actually there is no need at all to send divorce notice. If you want divorce file case in court as per the available grounds for contested divorce in law.
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Answer #4
681 votes
Hello, Notice is just an intimation for further proof. If opposite party doesn't reply then you can immediately file contesting petition for divorce against opposite party. The Court will also issue notice to her for her appearance.
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Answer #5
923 votes
it is a very good opportunity for you in that case if we get no reply then it will be easy for you to get divorce if it is given in the proper hands of a lawyer we can get one sided divorse and win the case for you and very strong ground
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