• Repercussion of getting an ex-parte divorce

Hi all,
 I need your suggestion over ex-parte divorce.
I am working in usa and my wife is in india.
She wanted to get a divorce but she is not ready for mutual divorce because it takes atleast 6 months.

Thats why she is has filed a false allegation of desertion and sent a notice to me.
Those allegation are not true but I cannot go to India just to prove my innocence.
If i dont go, she will get ex-parte divorce.
I don't have any problem with that as we are anyway willing to get separated.

But, i wanted to know if I don't show in court, will I be accused by court with any criminal case?
Are there any negative repercussions behind that?

Thanks
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

If she files any criminal case then it can't be decided exparte but warrants may be issued

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

If you don’t appear in court wife would get a exparte divorce . You would not be accused in criminal case 

 

has your wife claimed interim maintenance and alimony in divorce case kindly clarify 

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

There shall be no offense if you do not attend the court. Court will pass exparte order. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hi, in Divorce Case, even after receipt of notice, if you don't choose go to Court then nothing will happen. The Court will proceed in the matter ex-party. However if the court is fix the maintenance amount higher end then you are in trouble. Wherefore, it is better you can contest the case.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

If the counter part does not appear, upon satisfying the court will pass exparte decree. 

In criminal cases, no exparte orders will be passed, but warrant will be issued.

No you will not be guilty. No.

 

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See as far as the divorce case is considered there is no issues but in case she applied for higher amount of alimony and you fail to contest same she can claim higher amount of maintenance/alimony from you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If it is simply the divorce case then there is no issue in same. You wont be charged or guilty of any criminal case

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

Ex parte order may be allowed but you need to see if there is any prayer for granting of alimony. 

In that case you need to contest .

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

No in exparte divorce there is no issue. Court will consider her story true only as there is no counter and will grant divorce

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

You will not be guilty of any charge but it's better to appear through attorney and get the matter refered to mediation and settle in mutual divorce

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

Dear Sir,

There is no repercussion of getting an ex-parte divorce

a) Since your wife has asked for divorce and if you do not attend the proceedings, the case becomes exparte divorce and still further if no contest is made by you for the next 90 days. The divorce becomes final.

b) Divorce and maintenance are two things apart . You still  only to pay alimony if your wife is "unable to maintain her self" . Since you do not have children and your wife is educated, maintenance can be rule d out based on merits.

let divorce go for exparte proceedings. Let it be coz it will open doors for your wife to find someone else. One way or the other divorce will take place in your case if it takes place early then it is well and good. As far as alimony is concerned that is a whole different scenario.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi, 

You are suggested to send your vakalatnama signed by you at the consulate and file an application in the court for your representation through video conferencing. This will make your presence as well as contest by you also. If the judge is convinced by your version, he will not go by your version and the divorce will be granted by mutual consent. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Atleast you have to file petition without that how court will give Exparte against you.

 

There should be 2-3 hearings than you don't attend the case at that time Exparte may issue.

 

In this situation court may dismiss the case because summons has not been served.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Greetings!!

Even though after receiving a notice if you dont appear before the court it shows that your guilty of the offence; and pls try to attend the hearing and file vakalat later you can give GPA to somebody known to manage the affairs of the court proceedings as you wont be able to travel due to residing abroad !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

you need not to appear in person on all the dates. engage a local lawyer and through him, file your written statement (reply) and then you can absent yourself or you can say in court that you have no issue if the divorce is granted.

best advice can be given on detailed discussion and not on mere 2-3 paragraphs question. however on the basis of the your given details, i have suggested as above.

regards

gopender 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

she can demand "maintenance" even after the ex-parte divorce. no need to worry there is no offense. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

After you are getting exparte decree of divorce you can wait for three months, then you may move for re marriage. Until you will not remarried. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

-  As per law, In a contested Divorce case, if one party is not appearing before court , the the Court will grant Ex-parte Divorce to other Party. 

- Since you have already received the court notice , and further unable to appear before the court due to being abroad, hence she will get Ex-Parte Divorce judgement from the court.

- And further, if you will not challenge the said order within a specified period, then this Court order will be valid in India permanently. 

- Further, as she has not filed any criminal case like 498a or DV Act etc , hence no need of worry for after divorce , and you will be free to get marry .

- It is advised , not to marry till she gets Ex-parte divorce . 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

She will file a divorce case on some grounds.

However there will be no repercussions  even if you dont attend the court and the court granting an exparte divorce to her.

There will be no impact on any pending crimninal cases due to this.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Once she is getting an exparte divorce decree, if you dont contest it or do not file any petition to set aside the exparte decision, then it will be final however you cannot be held guilty of any offence just because you have not participated in the divorce proceedings.

You can very well remarry on the basis of this exparte divorce also.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

No you will not be charged with any criminal case if you don't appear for hearing in court.

Let her file divorce and get Ex-parte orders if you both want to get separated.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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