Legal Question in Family Law in India

you have appointed your advocate na. he is knowing all

service is always for a particular date. If the party has been served for a particular date, party is supposed to appear before the court. If it does not appear after service, the court must declare in writing to proceed exparte against that served party. (yes - the print out of courier track is an admissible document for treating service). However, if the court has not treated the service or after having treated the service did not pass the order to proceed exparte, the court must order for fresh service upon the party. So, you have to check whether speed post tracking contained the summons for 25th march or 27th april. Second thing you will have to chek if the court did treat that as service and if court has proceeded exparte on that date. Once the court declares exparte, then the matter will be listed for exparte evidence which you will lead by filing an affidavit. Since it will be a case of exparte evidence, there will be no cross examination. Once affidavit is filed the court will hear arguments as to which evidence stated in your affidavit show cruelty. thereafter the court will pass the judgment.

Another thing which you may note is that the party proceeded exparte may join proceedings subsequently at any date and also may move an application for setting aside the exparte proceedings giving sufficient cause for its absence.

He would be proceeded exparte on the next date for sure as he has been served on two places. Where have you filed your Divorce petition ? It should not take much time for exparte divorce petition to get decided.

you need to wait for the next hearing. in case he appears himself or through lawyer, you wont get ex parte divorce n he may contest the same. in case he does not appear, the matter would be posted for ex parte evidence of yours. it may happen on next or any subsequent hearing.