My cousin’s wife has filed a divorce transfer petition in the Supreme Court. We’re okay with the divorce and don’t want to fight it. We just want to know if we don’t appear in court, will the case be decided in our absence (ex parte) and transferred? How long would it take, at the most? Could she file other charges against us if we don’t appear? Would our divorce case lapse? Or should we hire a lawyer just to give our acceptance at the hearing and get the transfer done quickly? Please advise.

Apni Law
Apni Law
Law Forum › Category: Divorce › My cousin’s wife has filed a divorce transfer petition in the Supreme Court. We’re okay with the divorce and don’t want to fight it. We just want to know if we don’t appear in court, will the case be decided in our absence (ex parte) and transferred? How long would it take, at the most? Could she file other charges against us if we don’t appear? Would our divorce case lapse? Or should we hire a lawyer just to give our acceptance at the hearing and get the transfer done quickly? Please advise.
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Apni Law Staff asked 2 years ago

My cousin’s wife has filed a divorce transfer petition in the Supreme Court. We’re okay with the divorce and don’t want to fight it. We just want to know if we don’t appear in court, will the case be decided in our absence (ex parte) and transferred? How long would it take, at the most? Could she file other charges against us if we don’t appear? Would our divorce case lapse? Or should we hire a lawyer just to give our acceptance at the hearing and get the transfer done quickly? Please advise.

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, if you don’t appear in court, the case can proceed ex parte and be transferred. However, the Supreme Court might require your presence at some stage. While the transfer could happen quickly, it’s best to consult a lawyer to ensure the divorce is finalized smoothly and without any future complications. Hiring a lawyer to represent your acceptance will ensure a quicker and smoother process.

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