• Ex-parte divorce with foreign wife

I am 30 years old. I got married with my Italian citizen wife on 3 august 2012 in Bareilly civil court under special marriage act. we went through ups and downs through our marriage and lived together  some months in Italy. after that i came back to India and after some time our communication also stopped completely . Now i want divorce to get married again and she does not respond to my requests . I would like to know what is the procedure of getting ex-parte divorce with her and how much minimum time is possible to get ex-parte divorce and which documents are needed . 

Regards
Asked 2 years ago in Family Law from Bareilly, Uttar Pradesh
Religion: Other
1. There is no procedure for ex-parte divorce as it is an exception and not rule.
2. The court fixes date for ex-parte hearing of a suit when it becomes satisfied that the other party in sipte of receiving the summons ahs failed and neglected to appear in the suit and contest the same.
3. In your case if you can show the court through postal receipt and track report that the summons has been received by her in Italy but she has not been contesting the suit then the court may hear the case ex-parte hearing of the case.
4. In ex-parte hearing also, you have to prove the allegations against her so the court grant decree of divorce in your favour.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) file for divorce on grounds of cruelty . 

2) after filing of divorce petition summons have to be served upon your wife in Italy . 

3) if your wife does not appear inspite of service of summons court may grant you divorce exparte . 

4)if however your wife appears and files her reply divorce petition would take some years to be disposed of . 

5) allegations made in divorce petition have to be proved
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to file divorce on the ground of cruelty after issuance of notice by the court and inspite of service of notice if she not come to appear before the court then court Will pass proceed with the matter for recording of exparte evidence.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The time for fixing ex parte hearing is generally around 6-8 months.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) advisable to engage a local lawyer who will draft and file petition for divorce on grounds mentioned in SMA 

2) removal of office objections take around 15 days time and petition is then numbered .

3) summons are issued to respondent to appear in court on date mentioned in summons and to file reply to allegations made in petition . 

4) if Respondent does not appear consecutively for 3 dates inspite of service   of summons court may pass exparte decree 

5) it may take around a year to obtain divorce exparte
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
you can file petition for divorce, under section 27 of special marriage act,  to the district court  on the ground that wife :-
1.after the solemnization of the marriage, had voluntary sexual intercourse with any person other than you.
2.has deserted you for a continuous period of not less than two years immediately preceding the presentation of the petition.
3. cruelty, incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the you cannot reasonably be expected to live with her.
4. suffering from venereal disease in a communicable form
5. suffering from leprosy
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
you can file petition either on cruelty or desertion. other grounds are irrelevant for you. if she fails to appear before the court in some hearing then you have an opportunity to claim divorce order ex-party if you have successfully prove desertion or cruelty on face of the record.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. Do not rely on ex parte divorce more so when your wife is not a citizen of India. Ex parte decisions passed by courts are more often than not set aside and the case is tried fresh on merits. 

2. Ex parte proceedings would be commenced only if your wife does not show up in the court.

3. You can file for divorce on the ground of cruelty against your wife. The court would issue a notice to your wife to afford her an opportunity to contest your case. 

4. If ex parte divorce is granted your wife can subsequently file an IA to set it aside.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You need to engage a lawyer and file for divorce on the grounds applicable to the facts of your case. Cessation of communication between spouses is not a ground to file for divorce. 

2. The court, as mentioned previously, would issue a notice to your wife to appear in the court to contest your case by way of filing her objections. If she does not appear after 2-3 hearings the court would pass the ex parte decree in your favour.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. There is no procedure as per law to get divorce ex-parte,

2. If you file a divorce suit on acceptable ground, Summons will be sent to your wife at Italy and if she does not appear even after receiving the summons then only your matter will be decided exparte,

3. File a divorce suit in India now,

4. If she wishes to contest your divorce suit, she will file her reply and the case will go on for years,

5. Better get in touch with her and go for mutual consent divorce which will be decided in about 6 months time.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. The time of getting ex-parte divorce depends on the load of the court, your presentation of case etc.,

2. The wife of one of my client got ex-parte divorce from one dictrict town of W.bengal on 75th day of filing the suit,

3. The Court officer and the postal people were managed and non of the summons were sent to my client but show as have been sent,

4. It was possible as the father of petitioner lady was a sitting M.LA.,

5. As such no body can predict the time which will be required by you to get the ex-parte divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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