Legal Question in Family Law in India
Divorce
As I n my WIfe are staying away from each other for the past one and half year.I filed a Divorce Petition in Family Court. As I don't know where my Wife resides and so I alone attended the first hearing. If she don't respond then how long will it take to get d Divorce.
4 Answers from Attorneys
Re: Divorce
Depends on the court
Re: Divorce
Court may take action based on receiving the summons report.
Re: Divorce
If you are not aware of the residence of your wife's address you will have to submit to the court the previous address known to you or her permanent address if available.
The Court would send summons through court and lso through registered post to the addresses given b you.
After the court recieves the notices
back if unserved,then you will have to file an application before the Courts for paper publication of the notice to be seved to your wife and accordingly the notice will be considered as served. the time take will depend on the courts.
Re: Divorce
You should not try to obtain a divorce in her absence. All possible efforts should be made to serve her the summons issued by court. you should try to serve her at the last known address of her parents. Otherwise, you should try substituted service by publication in news papers.
An ex parte divorce may be set aside later on an application filed by her.
It may cause you more difficulties later.