CALL NOW +91 – 8800110989 If a person is seeking to dissolve marriage in India, however, they are not able to get the divorce notice answered by the other partner who is not willing. Ex parte divorce can be a solution. Divorce is a legally complex and emotionally challenging process involving intricate legal procedures. The concept of ex parte divorce allows divorce even when the other partner is not available to participate in legal proceedings or without the consent of the other spouse. In this article we will delve deep in the legal concept and ground for ex parte divorce its procedure and implications.
What is Ex Parte Divorce
The name Ex Pate is taken from a Latin term “Ex Pa Tay” which means in the absence of the other party or in other words without the other party. This type of divorce is given when the other party either could not appeal or failed to respond to the notice sent by the other party requesting divorce. In the event where only the petitioning spouse is present in the court and the other spouse is not available to contest then the court can grant divorce decree to the petitioning spouse.
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Divorce Law in India: A Multifaceted Landscape
When it comes to the legal dissolution of marriage, the divorce law in India is very complex as it recognizes various personal laws and has different provisions depending on the religious affiliation of the person.
Some of the personal law that Indian Divorce law recognizes
Hindu Marriage Act, 1955: Enacted in the year 1955 as part of Hindu Marriage code this act governs the rules of institution of marriage among Hindus and applicable to Hindus, Buddhists, Jains, and Sikhs.
Muslim Personal Law (Shariat) Application Act, 1937: When it comes to divorce, marriage and division of marital status in Muslim communities the reference is taken from Muslim Personal Law.
Indian Divorce Act, 1869: According to the preamble of this Act, it amends the law relating to the divorce of people professing Christianity. This act addresses matrimonial matters, including divorce.
The Special Marriage Act (SMA): This act was passed in 1954 and it provides a legislative framework for the marriage of interfaith people and provides provisions for divorce and related matters. It governs a civil marriage where the state sanctions the marriage rather than the religion and annulment.
Each of these acts plays its part in divorce related matters under Indian Law for divorce.
Grounds for Ex Parte Divorce: There are specific ground where ex parte divorce can be granted by court
Desertion: It is a situation where one spouse has abandoned the other spouse and there has been no reasonable cause behind it. In this case if the period of abandonment goes beyond 2 years, the court can grant ex parte divorce.
Cruelty or Violence: If the marriage reaches a situation where it is impossible for the spouse to continue the sacred bond due physical violence or cruelty of any type including mental torture. Then the court can grant ex parte divorce.
Absence: If one of the spouses goes missing and the whereabouts can not be located for a period of 7 years and there has been no communication established by the absent spouse then the court can consider granting ex parte divorce.
Non-Compliance: If the respondent of divorce petition failed to respond to legal notice, did not appeal in the court or move out of state cannot be located then court can consider granting ex parte divorce.
Legal Process for Ex Parte Divorce: The ex parte divorce in India goes through various legal process
Filing Petition: For initiating the ex parte divorce proceedings, the petitioning spouse has to file divorce petition in family court exhibiting some concrete grounds of divorce.
Service of Summons: The Court after the admission of the petition will summon the respondent party, notifying the responding spouse about the divorce petition within a specific time.
Ex Parte Proceedings: In the event the respondent is unable to respond or appear in the court after the issuance of the summons then the court may decide to proceed with ex parte divorce proceedings.
Examination of The Evidence: The Court will examine the evidence and witness produced by the petitioning spouse in the court and will decide on the validity of the ground of divorce before passing the judgment.
Decree of Divorce: After carefully examining the evidence and hearing the testimony of the witnesses, if the court feels satisfied to establish grounds of ex parte divorce, a divorce decree will be granted to the petitioning spouse.
Implications of Ex Parte Divorce:
Though Ex Parte divorce provides faster resolution in comparison to contested divorce, however, it has some implications as well for both the parties involved. It might devoid the respondent a fair chance to contest against the petition and for petitioning spouse granted divorce decree can be challenged later, creating further complexities and inconvenience. If the respondent cannot be tracked or unavailable the issue like alimony and child support will remain unaddressed.
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How Insaaf99 Facilitates Ex Parte Divorce Proceedings
Navigating the complexities involved requires the help of an experienced attorney who is an expert in family law. Insaaf99 a premier online legal consultation platform helps you in connecting with best legal minds. Our lawyers help you through the entire process from collecting evidence, preparing grounds of divorce, filing petition to courtroom representation. Contact Insaaf99 and discuss your specific circumstances, explore available legal options, and receive tailored advice on the most appropriate course of action for pursuing an ex parte divorce.
Conclusion: Ex parte divorce offers a faster route to legally dissolving a marriage. However there are some associated disadvantages one needs to carefully consider the circumstances and seek legal guidance to determine if this approach aligns with your specific situation and ensures a smoother divorce process.
Frequently Asked Questions
What is ex parte in divorce case?
This type of divorce is given when the other party either could not appeal or failed to respond to the notice sent by the other party requesting divorce.
Can I get married after ex parte divorce?
Yes, either party can remarry after an ex parte divorce if no appeal is filed within the stipulated time.
How much time does it take for ex parte divorce?
There’s no fixed timeframe for obtaining an ex parte divorce in India. The process can range from 6 months to a year or more, depending on various factors.
