available at his resi then how will the case proceed how will she be free ??/
2007-10-20 00:25:54 · 10 answers · asked by shubha97 1 in Family & Relationships ➔ Marriage & Divorce
In such case the Family court will proceed Ex-parte under Order IX Rule 6 of the Civil Procedure Code, if the defendant husband has been duly severed with the summon/notice to appear & file his defense against the Divorce petition. Here let me make one this very clear that service of summon & report of such service has to be brought on record of the court & on being satisfied of the service of the summon the court shall order for proceeding ex-parte & hear the petition of the wife in absence of the husband or his counsel. In such case the wife has to bring on record all the relevant evidence in favor of her divorce petition & the court after considering this evidence will pass ex-patre order for divorce & issue decree for the divorce. Such matters are decided in short period of time & usually decide in two -three hearing only. Yes one point very important for your information, that the defendant /husband can on the next date of hearing after the divorce proceedings which are ordered ex-parte can move the court to & get this ex-parte order evicted by assigning good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day, fixed for his appearance.
2007-10-20 17:40:09 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
as per the indian laws, in the case like when the other party did'nt accept the saman (3 attempts) (courts order/information about the case papers) you have to pulish a detail advt in a leading daily newspaper and you have to explain about the case and deadline time slot (that till this day the other party has to respond). In case the person is not a resident of india, then you have to follow the same procedure with his country's news paper.
After completion of the given time line, you can re-present your advt copy and your case papers in front of judge and ask him to treat the other party as a defaulter and to give the judgement. But remember that this type of judgement can be reverted back by a simple stay order (if the other party file stay).
The best way is to hire a good reputated divorce lawyer and get the case going.
Best of luck.
PS:- try not to get divorce as this will only give you pain. try to re-assemble life bit by bit.
2007-10-20 06:44:11 · answer #2 · answered by tum_bin_never 4 · 0⤊ 0⤋
You dont have to be physically their in the court room for her to get a divorce from you, people do it all the time, many times someones spouse has left the country,or in hiding, or in prison, so the answer to this is simple, you dont have to be in the same building, state,or country to obtain a divorce.
2007-10-20 00:46:34 · answer #3 · answered by penelope 5 · 0⤊ 0⤋
i presume you are under the indian law.
under the civil code, the notices and summons could be sent to the last known address of a person. if a notice or summons is sent under registered post with acknowledgement, even if that person refuses to receive it, it is deemed that the notice has been properly served on him/her, and the case may be carried on 'ex-parte' - without one party attending.
the last known address is the place where the person was last known to have frequented, whether on business or otherwise.
it is the duty of the suing party to ensure that the last known address is as accurate as possible.
2007-10-20 00:40:11 · answer #4 · answered by wizard_of_ease 3 · 0⤊ 0⤋
the divorce petition will be heard ex parte based on material on record provided it is proved to the satisfaction of the court that all reasonable efforts were made to serve summons on the husband or to inform him of the proceedings and there is no fraud.
2007-10-20 00:31:44 · answer #5 · answered by Zeus 1 · 1⤊ 0⤋
i think he will then get served and could seem in court docket. she will consistently cite irreconcilable transformations and push the difficulty. You cant argue your way out of a divorce if her strategies is desperate there are too many loopholes you are able to drag it out and construct animosity and resentment and in simple terms yet another factor why might you combat it if she relatively would not opt to be married? in simple terms sayin..
2016-10-04 05:20:40 · answer #6 · answered by ? 4 · 0⤊ 0⤋
You will be screwed, royally. Even if you answer the petition, you will likely be screwed royally. Divorce is all about giving women what they want. They play the victim card pretty well.
2007-10-20 04:20:18 · answer #7 · answered by colder_in_minnesota 6 · 0⤊ 0⤋
She will get everything she asks for in the divorce. It is an uncontested divorce. If I were you I would go and if there are children involved get custody and visitation set up... If not she could get sole custody and you have no rights except paying child support...
2007-10-20 00:31:06 · answer #8 · answered by s g 2 · 1⤊ 0⤋
because the judge is going to grant the divorce anyway, silly, and she will get her alimony, and you shall have to pay it, better show up dude and try to save your billfold.
2007-10-20 00:32:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
laws vary from state to state, you need to get advise from your lawyer.
2007-10-20 00:32:56 · answer #10 · answered by sunshine 4 · 0⤊ 0⤋