Exparte Divorece related property transfer

662 votes

Yes, you can obtain certified copies of the Testamentary Petition and related documents from the Bombay High Court as an interested party by applying through the Copying Department or by taking court permission if required. Additionally, you can file an application in your Family Court case seeking a direction to your husband to disclose details of the testamentary proceedings and produce those documents, which can be used to establish his financial capacity for maintenance.

Advocate Pragati Patil LawRato

921 votes

“Called on” status generally means the matter was listed and taken up on that date, but no effective progress (like recording of evidence or cross-examination) has happened, often due to absence of party/witness or adjournment. Since ex-parte divorce is already granted, the marital status is settled. For property, both names continue as co-owners unless there is a registered transfer (release/gift/sale deed) or court order. You cannot unilaterally deal with the entire property. Practical steps: 1. In the pending case, file an application for early hearing and closure of evidence if the opposite side is not appearing. 2. For property, file a civil suit for declaration/partition or exclusive ownership, or seek permission to sell with court direction. 3. If spouse is missing, you may also proceed for presumption of civil death after 7 years (if applicable later). 4. Keep all police missing complaint records on file. Take immediate steps to avoid delay and secure your property rights.

Advocate Vinod Todiwan LawRato

502 votes

submit your evidence and tell the court yeh person is absconding and is likely to be away from you and pursuing another partner, file your evidence as soon as possible and seek final arguments to get exparte judgement and decree in your favour

Advocate Moksh Jain LawRato