Divorce Divorce

3 years ago

My divorce is in section special marriage act 28. she is not coming for statement. what I can do now

Vaidehi Samant

Responded 3 years ago

A.If your matter postpones above certain dates due to absence of your wife then I think you should get it withdrawn and file for a fresh divorce petition and if your wife does not attend the proceedings repetitively in this matter then you can ask for an exparte decree to be executed in your favour granting divorce in her absence. But please note that this process can be time consuming and tedious. Hence mutual consent is a good option available with you so I would advice you to explain your wife to attend the Court and get the legal process done so s to start a better future.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.*Hi,
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Ho,
An ex-parte decree is one which is granted in the absence of one party to the suit.
If she cannot be found or made to appear despite considerable effort, then you can get the Court to pass an ex-parte decree in your favour.
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Anik

Responded 3 years ago

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A.Hi,
The Court can pass an ex-parte decree in your favour if she repeatedly refuses to appear for the hearings.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You can withdraw the same and file contested divorce against your wife and thus get ex-parte divorce against her.

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