667+ Lawyers are online 
Wife not appearing in court, can court give decision ex parte ?
01-Feb-2023 (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, 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.
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!
Goodluck!
Helpful?
119+
119+
Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
CONTACT NOW
What happens if a person does not appear when summoned?
Another reason to attend court when summoned is to avoid any possible consequences. The Judge will issue a bench-warrant for you if you do not go to court or show up to the summons. You will be arrested if a bench warrant is issued against you.
What happens if the respondent fails to appear in court India?
Gor. If the defendant fails to appear at the hearing date, the court may order that the case be heard ex parte. The plaintiff can choose to continue the trial on the merits even if there is no defense from the defendant. 10 Jan 2023
What happens if opponent doesn't appear in court?
Exparte proceedings may be taken if the respondent does not appear in court, even though he has been properly summoned.
What happens if petitioner does not appear in court?
The case can be dismissed if he doesnt appear to defend his case. You can ask the High Court to intervene if the court keeps adjourning the case without reason.
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?
44+
44+
Adv. Suneel Kumar
Delhi | 200+ Answers
CONTACT NOW
What happens if the petitioner does not show up for court
What happens if the respondent does not show up in court for restraining order
Does the plaintiff have to be present in court
What happens if a defendant does not respond to a summons
Can you go to jail for not showing up in small claims court
what happens if you don't appear in court for a summons
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?
36+
36+
Adv. Deepak Rathore
Delhi | 100+ Answers
CONTACT NOW
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?
45+
45+
Adv. S P Srivastava
Delhi | 200+ Answers
CONTACT NOW
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?
Adv. Anish Roy
Delhi | 100+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
