what is the procedure for ex party divorce if husband is not willing to come

575 votes

Madam, It is possible only in a contested divorce proceedings to obtain an ex parte divorce decree if your husband is not ready to come down to India and participate in the divorce proceedings. But in order to get an ex parte divorce decree in a contested divorce, the notice of the family court has to be served on your husband. Only if your husband receives or refuses to receive the notice of the court and upon bringing this very matter to the court, the court shall set him ex parte and grant you the divorce decree. Coming to mutual consent divorce proceedings, there is no term as ex parte as both the wife and husband should be present on the day of the second motion. However, you can request the court to record your husband's evidence/statements through video conferencing on the day of the second motion if your husband is cooperating but ultimately, its the court's discretion to allow or reject your request for such recording. Rest you can contact a local family court lawyer and seek his/her advice and proceed accordingly.

Advocate B. Srikiran LawRato

800 votes

Hi All you have to do is a file for a divorce and ensure that the court summons are sent to him. You should submit to the court the proof of receipt of summons to the other party. Ex-Parte divorce is valid and courts will be inclined to grant you ex-parte divorce within 3/4 months if it is convinced that the other party is intentionally avoiding the courts. Ex-parte divorce decree if not set aside within 30 days in the family court or within 90 days in the appeal court will attain finality .

Advocate Rajagopalan LawRato

526 votes

Hi, Yes you can get an exparte divorce but the court will order notice first and will give opportunity to him to come and contest the case. Paper publication is also one of the mode court will order to serve notice to him, still no response then you will be entitled for divorce. Time it depends on how the court case will proceed minimum 6 months and maximum depends. Call us through website for assistance

Advocate Mohammed Abdul Quadeer LawRato