Answer:
Yes, your spouse does not have to appear before the court in India for you to get a divorce. If your spouse fail to appear in court, you can request the judge for a divorce to be granted based on the documents you've submitted to the court. This is called an ex- partea divorce. However, the spouse who is not appearing in court must be properly served notice. The court will make sure all requirements are met before a divorce is granted.
Some of the factors that are considered are:
Proof that the respondent was served notice.
You have valid grounds for divorce.
You have proof to support your claim of who gets the children, alimony payments, and property division.
The advocate BK Singh will file your divorce petition with the correct format and ensure that all documents are properly filled. He will ensure that your spouse is served notice of the petition and represent you in court. He will help you get fair child custody, alimony, and property settlements and ensure that your rights are protected even if your spouse is not turning up in court.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
