LawRato

what happens if wife doesn't appear in court, can court give decision ex parte ?


17-Jul-2024 (In Divorce Law)
Hi, I have filed null n void case against my spouse as she didn't disclose her earlier marriage happened before my marriage and didn't take the divorce from her 1st marriage. Now, Neither she has been accepting the summon and nor coming to the court on hearing. Don't know the status of summon? What should I do that she would accept the summon and incase if she wouldn't appear after receiving the summon, what happens when a spouse doesn't show up for divorce court ?,Ex partie decision would be granted by the court? Generally after how many summons, it takes to give ex-partie if she would not come to the court? Just I need to that my null and void decision would come out successfully at earliest to process on my life further.
Answers (6)

Answer #1
463 votes

In India, if a wife who filed for divorce fails to attend court hearings despite being summoned, the court may proceed ex parte that is, in her absence. The husband can then present his case and evidence, and the court may grant a divorce decree based solely on that. However, the wife may later challenge the decision if she provides a valid reason for her absence.

Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
892 votes
You have to serve her atleast twice through normal mode as the court would order, thereafter you will have to file an application for substituted service through affixation and publication in newspaper. If she fails to appear even after substituted service the court will order the proceedings to be ex-parte against her. It should take around two more hearings to get it ex parte. Goodluck!
Helpful? LawRato LawRato
Advocate Mrinmoi Chatterjee

Adv. Mrinmoi Chatterjee

LawRato Delhi | 200+ Answers
Chat with Advocate Mrinmoi Chatterjee Chat 
Answer #3
519 votes
You must be having your lawyer why don't consult him to find out status of summons? It can be ascertained by inspecting file. There is no such fixed rule for passing exparte orders after how many summons but in practice it could be after 2 3 summons having been served and party fails to appear despite service. It depends upon your counsel to take necessary steps for disposal of the case at an early date.
Helpful? LawRato LawRato
Advocate S P Srivastava

Adv. S P Srivastava

LawRatoDelhi | 25+ Answers
Chat with Advocate S P Srivastava Chat 
Answer #4
505 votes
You tender exparte evidences against your wife that will help u in getting decree in your favour. Once the decree is granted you will be eligible to remarry so ask the court to turn the proceeding exparte and produce the relevant documents and witness .
Helpful? LawRato LawRato
Advocate Suneel Kumar

Adv. Suneel Kumar

LawRatoDelhi | 200+ Answers
Chat with Advocate Suneel Kumar Chat 
Answer #5
856 votes
If your wife is not receiving summon or summon is not serve her due to other problems so you have to wait for receiving summon and if she received summons and don't come to court after 3 to 4 adjournment so it would be exparte order court can give against her.
Helpful? LawRato LawRato
Advocate Deepak Rathore

Adv. Deepak Rathore

LawRatoDelhi | 100+ Answers
Chat with Advocate Deepak Rathore Chat 
Answer #6
577 votes
I have read and understood your query and shall be able to address your concern as I specialise in matrimonial laws. However I shall be requiring certain more information to guide you well in this case.
Helpful? LawRato LawRato
Advocate Anish Roy

Adv. Anish Roy

LawRatoDelhi | 50+ Answers
Chat with Advocate Anish Roy Chat 

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato