I have my Divorce on going in chennai poonamalle court. I am the petitioner. its been 3 hearings, other party did not appear in the court. On 08/29/2019, we have another hearing. In this my advocate going to ask for Exparte. On the exparte day, will the divorce paper will be issued? or it will take sometime? if so How many months to get the Divorce certificate? Can I get married in the period between Divorce order and divorce certificate issue ? Please let me know.. thanks..
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1) court would not pass exparte decree on said date
2) you would have to file affidavit of evidence
3) court would on basis of evidence on record pass exparte decree if defendant does cross examine you
4) you can marry after 3 months of court order dissolving your marriage
On the date of ex parte hearing your wife may appear and seek vacating the order for ex parte hearing.
Considering she does not turn up the court would record your evidence and on the next date the court fix for argument after which only the court would pass final verdict.
You can not remarry during the next 90 days from the date of passing the final decision.
You have to wait for 3 months or 90 days from the date of the divorce order. Because other party has chance to make appeal within that period.
Check why other party did not attend the hearings whether they got summons or not ?
if the other party is declared exparte on 29/08/2019, you are advised to submit your evidence on the same day and close it, within 2-3 hearings you will get the divorce decree,
Thank you all for your reponse. One followup question on this: If I get exparte on 29/08/2019 - this means Divorce Order? As per Suneel, I am understanding that even after Exparte there will be 2 to three hearings - then Divorce Decree issued? is my understanding correct? When you all say I can remarry after 90 days, is that from Exparte date(29/08/2019) or from the issuing of Divorce decree date (after 2 to three hearings)? I am asking this because , we already found a girl for remarriage and I want to do remarriage legally in proper period... Please advice me .. thanks..
1. On that day, the Judge will hear you ex-parte.
2. Even if it is ex-parte hearing, all the steps required to be taken for passing decree of divorce shall have to be taken like filinbg of Affidavit in Chief, tendering evidence etc.
3. After all sucyh steps are over, there will be hearing of the case ex-parte meaning that there will be no argument to be placed by her Advocate.
4. Please note that he can also file a petition for vacating the ex-parte hearing order showing some ground and in most of the cases, it is vacated and in that case her Advocate will be allowed to argue in the matter.
No the court will decide ex-parte application then order on same to proceed ex-parte.
No you cannot marry between the period you can marry after 90 days of date of divorce order.
1. All the steps required to be taken for passing te decree of divorce will have to be completed evebn in ex-parte case as explained in my earlier post.
2. You can remarry only after 90 days from the date of the decree of divorce passed by the Court.
No court first decide the ex-parte application. Yes ex-parte will take 2-3 hearings. After 90 days of the divorce date i.e decree date.
No court first decide the ex-parte application. Yes ex-parte will take 2-3 hearings. After 90 days of the divorce date i.e decree date.
See if the ex-parte application is on hearing then the court shall directly pass order on ex-parte application and divorce decree. Further on ex-parte application court may give a date or two.
See if the ex-parte application is on hearing then the court shall directly pass order on ex-parte application and divorce decree. Further on ex-parte application court may give a date or two.
It does not mean divorce order
2)there would be some hearings before divorce decree is passed
3) you can rely marry after 90 days of issue of order passed by court for dissolution of your marriage
You can only get married after the appeal period of one month if no appeal is filed
After divorce order 90 days and that also you wife should not have made the appeal to divorce order.
If she apply for appeal than you can't perform second marriage as well because the divorce order is incomplete and its challenged in higher court.
Upon getting the exparte decree, it is mandatory you need to wait.
On completion of 90 day period you can go ahead with your activity i.e., from date of passing exparte decree.
Plan your activity accordingly.
The court will begin Ex-parte proceedings if summons are duly served to respondent and they are not appearing in court.
You will not get Ex-parte orders on date when court declare the case Ex-parte. You need to give Ex-parte evidence and arguments after that you will get divorce orders.
After 90 days of divorce order you can remarry again. You will not get any divorce certificate because there is no such provision in law.
After ex parte hearing on next date itself the court can grant divorce.
90 days is to be counted from the date of passing of final order.
The date of decree may be different from the date of final judgement of divorce.
You have to serve atleast twice through normal mode as the court would order, thereafter you will have to file an application for substituted service through affixation and publication in newspaper. If she fails to appear even after substituted service the court will order the proceedings to be ex-parte against her. It should take around two more hearings to get it ex parte.
After you are getting exparte decree of divorce you can wait for three months, the you may move for re marriage. Until you will not remarried.
Dear Sir,
In mutual divorce you can't get divorce through exparte. In contested if one party is not appearing before court other party gets exparte divorce decree. In your case if you don't go she will get exparte divorce if the said petition is of contested divorce.
ex-parte divorce order valid for the other spouse also and for remarriage
its valid for everyone. Both husband and wife. Yes its also valid for re-marriage for both the parties.
A decree of ex-parte divorce can be reopened by the uncontested spouse within 90 days from the date of the decree. However, if it is not reopened within that specific period, then the decree would become final and the marriage between the parties could be considered as dissolved. Petitioner spouse can remarry to any other and would be valid in the eye of law.
Your advocate will represent before the court to pass an exparte order for non appearance of the opposite party.
The court may not pass any such orders instead it may issue notice to the other party once again or would direct your advocate to take steps to issue substituted service of summons for newspaper publication, after which the court may pass an exparte order provided the other party is not appearing before court even after newspaper publication.
After that you will be required to appear before court on the next date of hearing for deposing exparte evidence.
Then the court may adjourn the matter to some other day reserving the judgment.
Once the judgment is pronounced, then it may take at least 15 days to get the certified copies of the divorce decree.
There is no divorce certificate in Indian laws.
Therefore you will become eligible for remarriage after completion of 30 days from the date of issue of the divorce decree copy to you.
The computation of time shall be thirty days from the date of exparte decree, i.e., after issue of the certified copies of the exparte decree to you.
Since this is a sub-court case, the appellate court shall be district court hence the appeal period is just 30 days and not 90 days.
So you can marry after completion of 30- days from the date of issue of certified copy of the divorce decree.
once the court declared the other party as exparte it means the proceeding will be concluded on merit in their absence,
it will take another 2-3 hearing,
the process is as follows:
say exparte declared today,
(first hearing) next date is for evidence (petitioner)
you will submit your evidence and will close the same on said date, and the case will reach the stage of arguments
(second hearing) The court will hear the arguments and fixed the same for order,
(third hearing) the Court will pronounce the order,
if the order is pronounced in your favour, it means you got the decree,
hearing can be more if on any day/date, Court is on leave or your lawyer adjourn the matter for any reason or the court took 1-2-3 dates for pronouncing the order,
this month sept 27 is my Exparte Evidence hearing. chennai poonamalle court always gave me hearing date every other month. If I will get my Divorce decree in 3 hearings along with Expartee evidence, I am guessing I will get another two hearing in October and November and by December, I will have my Divorce decree. Is my guess correct? Please advice me...
Yes it's correct
You should get exparte divorce within 6 months or so
Your case is posted to 27.9.2019 for exparte evidence.
In case if the court proceedings takes place on even date, upon your exparte evidence the court will pass Divorce Decree on the same day or at its convenience within one week (depending on administrative work of court).
The same will not be adjourned till December, your guess is not correct
you can ask your lawyer to put up an application for expedite hearing.
Add two more hearing dates to be on the safer side since no body can fore tell what order the Court will pass and also whether the Court will sit on the scheduled dates or not.
Yes your guess is correct probably you will get order by year end.