Legal Question in Family Law in India
Need your advice on a legal query.
Consider a situation wherein --- A petitioner seeking to obtain divorce from his estranged wife (living separately for 4 yrs) registers her address in the petition wherein she is not currently residing (but is a valid registered address in the name of the wife/or her father) & consequently she does not appear before the court for 3 consequtive hearings as she has not received the summons...
In such a case -- 1. Will the petitioner be eligible for an ex parte divorce ?
2. Can such a ex parte decree granted by the court be challenged by the wife..
3. What is the time period by which the wife can challenge such a petition?
4.After obtaining the exparte decree how soon can the petitioner remarry?
Your help in this matter will be deeply appreciated.
Thanking you,
2 Answers from Attorneys
This is very typical query and can be answered by your lawyer only.
but in short, first court will make publication then ex parte and this is also challenge-able.
but there is another option to get it done but consult your lawyer, over here no body will guide you about such typical query.
Regards
Is it a academic question ?
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