• Ex-parte Divorce

I need your advise on a personal matter. Around 2 years back my then wife went back to her parent’s house in Kolkata and filed a divorce case. Even after several attempts made to contact her, she did not give any response. Thereafter she changed her mobile number, address and even blocked me on FB. I filed my response through a lawyer and since then we have been fighting the case in family court. 
Now : 
1.	I’m based in Bangalore and our last living location is in Bangalore. Before she returned to her hometown in Kolkata and filed divorce in Kolkata.
2.	After initial appearance she has completely stopped coming for court appearances atleast on last 5 occasions.
3.	Today, I have NO clue of her whereabout, her address, phone number, relatives contact ..NOTHING
4.	I have a matrimony ad where she declared herself as “Divorced” as a proof. 

I’m helpless because the divorce case is dragging on and on.
I too want a divorce from her but not by paying a huge alimony. 

Please advise for a ‘ex-parte’ divorce: 

•	Can I file a divorce on grounds of cruelty/desertion here in Bangalore ? 
•	If yes, how to send her summons (address is not known, old address is no more valid) ? 
•	If she fails to respond to summons then how much time to get an “Ex-parte divorce” in Bangalore?
Asked 3 months ago in Family Law
Religion: Hindu

20 answers received in 1 day.

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28 Answers

You can only file divorce from bangalore if you been married there or stayed there after marriage with your wife 

You can send her at the address last known to you. 

It may take 1 year or more in covid times for exparte divorce

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1. File for Restitution of Conjugal Rights in Bangalore and the court will send notice to her last known address in Kolkata provided by you.

If the notice can't be served on her, give a public notice in local language along with English language newspapers.

2.  Then if she does not respond to the RCR case, you will get ex-parte order in your favour.

3.   Based on favourable order of RCR, if your wife does not join you, then her refusal to join you itself can be a very good ground for obtaining divorce from her.

4. Since she has abandoned you voluntarily, there may not be any need for you to pay her maintenance/alimony amount.

5. Based on her abandoning you in your marital life, on that ground, file for contested Divorce and since she is not going to attend divorce proceedings in Bangalore, inspite of repeated notices sent to her alongwith publishing of Public Notice in Bengali and English newspapers in Kolkata, the Court may likely to grant you ex-parte divorce.

Shashidhar S. Sastry
Advocate, Bangalore
3251 Answers
180 Consultations

5.0 on 5.0

You can file for divorce in Bangalore on grounds of mental cruelty 

 

2) if summons cannot be served apply for substituted service ie paper publication 

 

3) it would take at least a year to get exparte divorce 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

Yes,Definitely you may file divorce petition in Bangalore Karnataka but later she may file transfer application before Supreme Court of India and the matter would be transferred. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You sould have file cross objection. Cannot file divorce when already divorce case is pending. Stop appearing in the case, it will dismiss or pass ex parte.

If dismiss than can file in Bangalore. 

Summon will send on her last known address.

at least a year.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

You can file, but she will file transfer petition to transfer it to Kolkata.  Better contest the case filed by her.

To last known address.

If the report of proper service of summon is received by court, then you can insist for posting the matter for exparte evidence, i.e., from date of hearing after service of summons on her it could be between one to two months.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that you get her divorce petition dismissed there in kolkata and then file the case here giving her last known address and you will be able to move further. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

• You cannot file another divorce case when one is already running.

• Summons will be sent by court itself on the address you provide. But another case cannot be filed.

• Ex-Parte can be given by court after 4 5 failed attempts of serving summons. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

It would be better that you file a divorce case in Bangalore also and after proper service of summons, if there is no response from her side, you may try to  get an exparte divorce also.

2. If the court is satisfied about sufficient service of summons, then it may order for exparte order after observing further formalities in this regard as per law.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

- Without closing of the divorce case filed by your wife , you cannot file a divorce case in Bangalore. 

- No , 

- You should move an application before the court in Kolkata to dismiss the divorce case due to non approaching the case by the wife. 

- After getting order of dismissal , you can file in Bangalore , and get ex-parte order in case she not appeared before the court. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

1. No till her case for divorce is dismissed from court in Kolkata You cannot file divorce petition in Bangalore.

2. Try that court dismiss her case in Kolkata on ground of default of petitioner. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Engage a detective agency and find out your wife address 

 

2) summons would be sent through court 

 

3) you cannot send summons to relative 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

1. Engage the services of private detectives to find out as to where she lives, her residential and if she's employed to her office address. After collecting her address, give this address to the Court to send summons to her. You can also publish in local and English newspapers regarding the date of hearing, etc.

2.  Court will send but you have to provide her correct postal address.

3.  Sending summons to her relatives and friends through facebook and/or whatsapp is not officially allowed.

Shashidhar S. Sastry
Advocate, Bangalore
3251 Answers
180 Consultations

5.0 on 5.0

1. You can file case on the last known address , and to summon on the same. 

2. Court will issue summons 

3. Relative should be her parents only .

- If summon will not served , then you can move an application before the court for summon by publication & other resources. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

1. You can send the summons to her last known address 

2. You may have to send the summons through court. 

3. Not necessary. 

If you adopt such practice then you may not be able to get the exparte divorce so soon. 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

You can file divorce in Bangalore. 

File a petition under order 5 rule 20 CPC for permission to publish a summon notice in a newspaper.After publication the notice file a copy of newspaper and approach to the court to fixed up hearing the suit on ex-parte.

around 12 to 18 months. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1. You should try to findout about her whereabouts from matrimonial link by including some person who is not known to your wife.

2. Summons must be served or rejected to get Ex-parte orders otherwise court will not proceed futher, you can also send her summons through email.

3. Sending summons to relative are not allowed under law but you can take help of her relatives to find out about her address. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

On her last know address.

Court, you can take from court.

To her only

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Send her at last address known to you.

You have to send summons not court.

Sending summons on WhatsApp and E mails are allowed. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Sir/Madam,

It is suggested that you file the case at her last known address and if the notice/summon is not received by her, go for the newspaper publication, summons on whatsapp, facebook will be done as per court order. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

Hey,

 

From the data given by you I presume that the case is still pending at Kolkata Family Court.

 

The first thing to do is to contact your lawyer there and ask him the status of the case.

This is because you cannot file 2 cases for the same matter.

Hence if the case at Kolkata Court is Dismissed Completely then you can confidently file a fresh case at Bangalore.

 

Now coming to your questions

Answer to Question 1 : You should first approach a family court lawyer at bangalore and ask him to file a fresh case.And only after filing the new fresh case - the court will issue summons to the opposite party

Answer to Question 2 : The court will send the summons based on the case filed by your laywer.

So you cannot send it.

Answer to Question 3 : No you should never do that, the summons and any legal communication should be done only to the parties concerned.

First issue summons to her address  that you have with you.

if there is no response the next thing to do is to give a notice as a paper publication through the court and they'll be forced to respond.

And even if she doesnt respond it will be considered as summons issued and the court will decide what to do next.

 

 

 

Rajasenan T S
Advocate, Kochi
3 Answers

Not rated

1) You need not worry / bother, send the same to the last known address.

2) You have to deposit the summons in court, court will send it.

3) No, if her address is shown as that of her relatives, it can be sent.  Sending it through Whatsapp is allowed, but first you need to take permission from court.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

1. You can send it through watsapp

2. Courts send it through bailiff

3. No

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1. Court will send.

2. Court will send.

3. No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has already been a divorce petition going on last few years.
  2. I would like to advice you to move a fresh petition in various grounds as stated by you.
  3. Yes, you can serve summon on her mobile number or mail ID etc.
  4. You cannot get the ex parte in present ongoing case, but yes if she doesn’t come up in fresh petition then you can move an application for ex parte for sure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The divorce case has already been filed and hence you cannot file again. You may file an application for ex parte divorce in Kolkata in her absence. Collect and put alk the evidence before the court. Desertion as a ground can only be taken after 3 years of separation.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You can send summons to anyone who is known to her. Her colleagues friends parents relatives. The divorce petition in Kolkata can be transferred to Bangalore.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

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