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  • What to do if spouse does not appear in the Court for the divorce case?


    Worried that your spouse is not appearing for a court hearing on your divorce case? Find out the legal and other ways to deal with such a situation.

    We got married in 2015 and our marriage lasted only for 6 months. We moved to the Middle East after marriage and I found out that she is in a relationship with another guy. However I forgave her many times as I wanted to continue the marriage, but there was no point and she decided to continue the affair without my knowledge. Moreover, she was passing false comments to her family saying that I'm not treating her nicely- then she flew back to her home and there her parents started humiliating my parents where I lost my patience completely

    However, then we got separated and I moved back to the Middle East. It has been 6 years that we are separated and there was enough time to for her to return back to me however I got to know she is in a relationship with the same village boy, and after 6 years she finally requested a divorce. Since she didn't want to work on it, I decided to agree so we applied for the mutually agreed divorce in 2021.

    I am working in the Middle East so it's hard for me to get leave, and we set up our first hearing and I told my advocate and her the court dates. But she didn't appear on that day and she didn't even answer phone calls. She completely ignored us, when we speak to their parents they said she is sick - it was a very fishy situation because she forced me to apply for the divorce as she wants to get married to another guy and is still not appearin in court. Everything was pre-planned and for flying to India I am spending a lot of money but she didn't appear for the proceedings. I had only one week leave so I had to come back.

    Now we have applied for a hearing in December. What should I do if she does not appear again in court? Are there any alternative ways? Kindly advice.
  • Answers

    5 Answers found.

  • If even after the stipulated number of reminder notices to attend, without any valid and justifiable reason, if either of the parties do not care to appear then the other party can seek ex-parte order. Your advocate will know the rules and procedures in this regard. So you can ask your advocate to see ex-parte order.

    But here please ensure that your wife has ben delivered the court notice to attend. You should also ensure discreetly that there is no misplay by either your advocate or your spouses advocate. S first be sure about your advocate's efficiency, expertise and integrity. If that is ensured then you have to ask your advocate to ensure that the notices are delivered correctly to the other party or take immediate remedial action to serve h notice properly on your wife and/her advocate. Your advocate has to prove to the court that the notice is served on the other party duly and following the rules and procedures and establish at the court that the other party is deliberately avoiding appearance and hence seek ex-parte ordr.


  • It is really an unfortunate case that you are suffering from unbearable stress since your ex wife is not turning up on due date fixed for hearing. Under such situation, take the help of your lawyer how the notice of her presence in the court on stipulated dates reach to her. The best way could be to approach the lawyer of the opponent party requesting him/ her to ask your opponent to be present on the fixed date. A summon from the end of the lawyer of the opponent must reach through a letter dispatched through under certificate of postings.
    If failure to comply with such orders is happening repeatedly without indicating any valid reasons such as her prolonged illness or any justifiable reason, the court might be compelled to take decision on ex - parte signifying that judgment could be delivered without the presence of the opponent party for the speedy settlement of the pending cases.
    Talk to your lawyer in this regard, he would explain this case in a more clear way and other means of receiving judgments in such a case.


  • One of my known people is also facing a similar situation. His wife asked for a divorce and the court is sending notices to both parties. This boy is attending the court on the date given and the girl is not coming. But her advocate is coming to the court asking for a postponement showing a valid reason. So far in the last 3 years, this happened 6 times. Then the court said that no more postponements. Then she attended and her advocate got another date for submitting some documents. The court has accepted and given another date. The boy and the girl are in the same city only.
    In your case, you are away and it has become a problem for you. Already you have come once, next time you need not come but ask your advocate to attend and if the lady comes, your advocate can take another date saying some valid reason. You should talk to your advocate and plan accordingly.
    Here, the advocate should be sincere and should be able to find out the facts. So you should be careful in choosing an advocate. There will be some specialist advocates and you should contact such advocates only. They will have better access to the judges and can get things done in a favourable way.
    The court can't go on giving another date without a valid reason. After a particular period of time, your advocate can ask for ex-parte judgement.


    drrao
    always confident


  • It is very sorrowful news that after reminding you many times your ex-wife is not presenting in court on a given date. You must contact the opponent's advocate and ask him to give a valid reason why she is not presenting in court. Here one important thing is, that you should be very careful while choosing a lawyer because your case completely depends on your lawyer. If your lawyer is intelligent then he/ she will manage your case in any situation. Generally, the court never gives another day without a valid reason. So, you should be alert. They will help in getting a judgement

  • The process of resolution of the cases by the court is based on the justice and court believes that both the parties are to be heard before giving a verdict. As per your statement it appears that it is a mutually agreed case and there is no dispute as such so court might agree for an ex-parte judgement if your wife does not turn up for the hearing. She had agreed earlier for the divorce as per the understanding mentioned in the case presentation to the court. Ask your advocate to make a special appeal for resolving the case at an earliest in view of the mutually agreed terms of the divorce and your nature of job in a place from where it is not practical for you to shuttle to India so many times and moreover it is also an expensive matter to do so.
    If your case is going in a family court then you might get the resolution early but if it is in the civil court then it might take some time.

    Knowledge is power.


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