• Inter country divorce case

Hello 
I am a resident of India ,got married in India but got settled in the UK after marraige.My husband is also a Indian citizen but holds a permanent residentship of UK.I was married in 2007 and the same year shifted to the UK.At first everything seemed fine but later serious problems started in my married life ,and unable to bear the traumas ,I decided to finally leave my husband's house after 7 years of marraige.I shifted to India in the year 2014 and since then staying in India in my parental house .My husband has not tried to establish any contact with me in any form.Not even a phone call.. He never bothered to bring me back or meet me in person.It will be 3 years in 2017 july that I have been leaving separately from my husband.
I have filed for divorce in India in Dec 2016 ,my lawyer told me that it takes 3 months for a court summon to reach my husband in the UK and after that result will come but he is not giving me any time frame or detailed information about how the procedure works 
I am bound to live a shackled life without any support or hopes.
I want my divorce to be over soon so that I can move on with my life

My question are
1)How long will it take to get a reply after the summon reaches my husband in the UK?
2)How will my lawyer come to know whether the summon has reached my husband in the UK or not?
3)How will I come to know what are the outcomes?
4)How long will it take to get the divorce done?
5)can my husband refused to accept the court summon?
6)How will I be eligible for a expartee divorce?
7)what are my chances of getting the divorce if my husband contests the divorce?
8)Doe my husband needs to be physically present during the court hearing if he contests the divorce?
9) How can I make my divorce proceedings faster?
10)How long will it take to get a expartee divorce?
11)How will the proceeding go on ?
Please help me with my queries
I will be forever grateful
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

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8 Answers

you may provide husband's email for delivery of summon because court can send summon via email. your husband can file his reply either by filing his written statement before Indian consulate or directly send to the concerned court before which your divorce case is pending.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1)it should not take more than a month after service of summons

2) acknowledgment of service would be received in court

3) on next date of hearing you would be informed as to whether summons served or not ,

4) contested divorce cases take 5 years

5) if husband refuses to accept summons it is proper service

6)if husband does not engage lawyer or appear in person you would get exparte divorce decree

7)if you are able to prove allegations made in contested divorce petition you would get divorce

8) husband presence is necessary during trial to give evidence

9) you cannot expedite divorce proceedings as there is huge backlog of cases

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

if your husband wants to linger on this divorce case he can refuse to accept summon, he can take many dates to appear before the court. it is mere speculation because whole things are depend upon your husband to proceed on. he is living in UK so he has opportunity to delay the court proceeding.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.The proof of delivery of summons to your husband is required to reach the Court and it is called Service Return. Till the said service is returned, your case will not start and summons are to be resent. Hope you have also recorded his Indian address and have sent summons there also.

2. The AD card will return or other proof of delivery will be submitted.

3. On the next date of hearing, you can see the file of your case asking the same from the Court officer and peruse the contents therein.

4. The time period will depend on how is your husband responding and/or how your lawyer is acting. It may take 2 to 4 years.

5. If he refuses to accept court summons, your divorce suit will be heard ex-parte in your favour.

6. If he does not appear before the Court even after receiving summons or refusing to receive the summons,.

7. Your chances depend on what type of evidence you shall be able to submit before the Court and also how he will be able to counter all your charges leveled against him.

8. Not necessarily. He can be represented by his Advocate.

9. You have just filed the case. You are required to stay alert about the steps taken by your Advocate.

10. Ex-Parte divorce will be fast disposed of and the time can not be apprehended. It might take 1 year after the hearings are declared ex-parte.

11. He will submit his Written Statement under copy to you which you might or might not like to reply and after that there will be examination of both of you and also the witnesses, if any. Finally, both the Advocates will argue and after hearing arguments submitted by the Advocates of both the parties, the court will pronounce Judgement which might me either dismissal of the suit or passing of decree of divorce as prayed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The court summons will be sent by registered post giving sufficient time for the respondent to respond to the summons received by him. The next date of hearing is the time given by court for him to appear after receiving the summons.

2. The acknowledgment will come back to court after having received the summons.

3.You attend the court in the next date of hearing to know about the developments.

4. It depends on how you prosecute the case and how he responds

5. It is his decision which cannot be predicted.

6. If your spouse decides to not to contest and remain absence after receiving the summons, then you may get exparte divorce.

7. Depends on the merits of your pleadings and arguments in favor of your case.

8. Yes, but he can be represented by his lawyer during his absence

9. You may have to go by the court proceedings.

10. If he receives the summons and remains absent then the exparte divorce can happen within three months of filing

11. First file the case and then see it yourself how it takes place.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) since report of service of summons is not received court would adjourn case and grant short date

2) if summons are served and your husband does not attend court for 3 consecutive dates nor engage any lawyer court can grant you exparte decree after considering evidence on record within period of 2 years

3) you should regularly attend court on dates fixed for hearing

4) you would come to know the progress in the case

5) if your lawyer is absent on dates fixed for your case then you can change your lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Can I not receive ex parte divorce quickly in the scenarios of desertion?

Once the court is satisfied that sufficient summons have been served on the respondent, it will pass an order setting the respondent exparte, after which you can let in exparte evidence.

What questions do I need to ask my lawyer?

Is there any way to speed up the process of divorce?

How long will I have to wait to hear from my husband side about his answer regarding whether he is ready to give divorce or not?

You should wait for the summons to be served on your husband and his reply to court on the mater pending before court. The court will not act on your urgency, it will follow the prescribed rules set for the purpose.

In what ways I can get the divorce done quickly?Please elaborate the answers

I have not been informed about any date of hearing from my lawyer

How can I know my lawyer is genuinely fighting the case?

If my husband doesn't sends any reply can I get the exparte divorce within a year?

If you suspect the integrity of your lawyer then you are at liberty to change the lawyer and engage another lawyer who would give reply to all your such routine queries.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. As advised in my earlier post, you can pray for ex-parte hearing, if your husband refuses to receive the Summons and/or refuses to appear before the Court even after receiving the Summons.

2. During the next hearing and on every hearing your lawyer should pray for order for ex-parte hearing if the service of the summons have been found to be complete on your husband.

3. If the Summons has not been received by your husband, ask your lawyer to pray for the paper publication of the said Summons and after the said paper publication, service of Summons will be considered to be completed and the case will move further.

4. Your husband is no body to give or refuse to give divorce to you. It is the Court who will pass of refuse to pass the decree of divorce to you against your application filed for divorce.

5. You have filed your divorce petition in the month of Dec'2016 i.e. only 3 months have passed. You should prepare yourself to wait for at least 2 years before the divorce suit is disposed of by the Court either in your favour or against you.

6. You can visit the Court and find out from the register of the cause list kept in the Court about the next date of hearing of your case.

7. Visit the Court on every day of hearing to understand whether your Advocate is working satisfactorily or not.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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