I have been married for 6 years, but my wife never stayed with me from the beginning..She is staying with me, for few days, then she is going to her maternal house and stays there for months and years together.We tried our best to keep the marriage.but it doesn't work out. Now after repeated asking them, they came forward for the divorce, but they are not willing for mutual divorce, but they want Ex parte divorce. Now my question is , how much time it will take to get exparte divorce in india. What are the advantages and disadvantages in this decree. How much fees and advocate take for this case. What is the procedure in it.
1) legal fee vary , depending upon the lawyer, engage by you
2)ex parte divorce would take at least a year to be disposedExport divorce
3) If you file for divorce and your wife does not contest it, you will get an ex parte divorce
4) File for divorce on grounds of mental cruelty and desertion
5) wife, refusing to stay with husband for continuous period of two years amounts to desertion
She is suggesting, a divorce case will be filed by you, she will receive notice of the same but she will remain absent and you will get an ex parte divorce decree. Of vice versa. Any ex parte divorce decree can be challenged by the respondent and decree will be set aside. Though limitation for filing application for seeking such decree set aside is 90 days, even after 90 days can come up with some explanation for the delay and get the ex parte divorce set aside. Only if the respondent after such a decree is remarried, she/he cannot such divorce decree. The bottom line is such decree is not certain. It will take six months for obtaining an ex parte divorce decree. A petition can be filed in Intigrated Family Court Complex, Purani Haveli, Hyderabad. Fee cannot be discussed on such open platform. You can file such decree from abroad through a notarized GPA.
Exparte divorce is not a regular divorce.
On filing the divorce case, the court will send summons to her and if she decides not to appear before court even after receiving the summons then the court will set her exparte after which you can file exparte evidence to get exparte divorce.
The entire process can be completed between three and six months.
You can enquire about lawyer fees from the lawyer you may engage
- If she is not wanted to proceed for mutual divorce , then either you or she can file a contested divorce case
- Further, if she after getting summons of the Court not appeared before the Court then an Ex-parte divorce can be granted within a short period of time.
- The limitation period for challenging/setting aside the Ex-parte order is 90 days from the date of passing the order.
- Hence, there must be report of the summons that she deny to receive the same
- The lawyer fees depend upon the person to whom you will engage for this services.
If she is not agreeing then it will be contested divorce not exparte. Exparte will be if you file divorce and she doesn’t turn up.
fees varies from lawyer to lawyer.
Sir/Ma’am
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After the completion of service of summons it does not take more than 2-3 dates to get divorce.
If she has agreed to let divorce happen ex parte then go for this.
If you are the applicant for this ex parte divorce then there is no disadvantages.
Ex-Parte Divorce Timeline – Takes 6 months to 1 year if the spouse does not contest or appear in court.
Procedure:
Advantages:
Disadvantages:
Legal Fees:
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Client,
As your wife is not consenting for mutual consent divorce but also not opposing the case, an ex-parte divorce is possible if she does not attend court even after due notice. Below are the details regarding timeframe, procedure, costs, and implications:
1. Time Taken for Ex-Parte Divorce in India
Ex-parte divorce can take 6 to 12 months depending upon the court's workload and procedural delays.
If your wife fails to attend despite repeated summoning, the court canproceed ex-parte and pass a divorce decree.
2. Ex-Parte Divorce Procedure
File Divorce Petition – Under Section 13(1) of the Hindu Marriage Act, 1955 (if Hindu) or under applicable law for other faiths.
Court Serves Notice to Wife – The court issues summons to her registered address.
If She Does Not Attend – If she ignores several notices, the court proceeds ex-parte.
Hearing and Evidence – You will need to place your case before the judge.
Decree Granted – If satisfied, the court passes an ex-parte divorce decree.
3. Benefits of Ex-Parte Divorce
No wife's consent is required, so the process is quicker than a contested divorce.
No alimony or maintenance may be granted if she does not oppose the case.
Final and binding by law if not challenged within 30 days.
4. Drawbacks of Ex-Parte Divorce
Your wife can file an appeal within 30 days for cancellation of the ex-parte decree, stating she was not aware of the proceedings.
If she establishes that she has a valid reason for not attending, the court may order the case to be reopened, causing delays.
5. Fees and Lawyer Charges
Lawyer fees are based on location and lawyer experience. Typically, ₹30,000 - ₹1,00,000 is paid for an ex-parte divorce case in India.
The court charges are low, typicallybetween ₹1,000 to ₹5,000.
Dear Sir,
The case of divorce is filed in the family court of place where last resided or the place where the marriage was solemnised. The ex-parte divorce should be finalised soon. The advocate fee and money involved depends on the advocate engaged for the case.
