Divorce Process In Kerala

Hi Athullya! Here are the steps for obtaining an ex parte divorce in Kerala:
*. Filing Petition: File a divorce petition citing valid grounds like cruelty, adultery, desertion, etc.
*. Serving Notice: Ensure the notice is served to the other party.
*. Non-Appearance: If the other party doesn't appear in court despite proper service of notice, the court may proceed ex parte.
*. Evidence: Present your evidence and arguments.
*. Decree: The court may issue an ex parte divorce decree if it finds your case justified.
Do you need more details on any of these steps?

Athullya, the next steps your advocate could take are:
- Request for Substitute Service: If the notice is repeatedly returned, your advocate can request the court for permission to serve notice through alternative methods like newspaper publication.
- Proceed Ex Parte: If your husband still doesn't appear after proper service, the court can proceed ex parte.
Have you discussed these options with your advocate?

That's good to hear. If you've already discussed these options with your advocate, they will likely proceed with one of the mentioned steps. It's important to stay in touch with your advocate to ensure the process moves forward smoothly.
Would you like to know more about the process or any specific legal aspect?

Athullya, typically, the court sends notice multiple times to ensure that the other party is properly informed. If the notice is returned undelivered, the court may decide on alternative methods of service, such as newspaper publication.
Do you need more information on the alternative methods of serving notice?

Athullya, here are the alternative methods for serving notice if the initial attempts fail:
- Newspaper Publication: The court may permit notice to be published in a widely circulated newspaper.
- Affixing Notice: The notice can be affixed at a prominent place, such as the last known address.
Would you like more details on any of these methods?

If your husband does not attend court after proper service of notice (including alternative methods), the court may proceed with an ex parte hearing. This means the court can make a decision based on the evidence you present without your husband's participation.
Would you like more details on the ex parte hearing process?

An ex parte hearing process involves the court making decisions without the other party's presence. Here are the steps:
- Notice Issued: Ensure proper service of notice to the other party.
- Non-Appearance: If the other party fails to appear, request an ex parte hearing.
- Present Evidence: Present all your evidence and arguments.
- Court Decision: The court will issue a decision based on the evidence provided.
Do you need more information on preparing for the ex parte hearing?

A hearing is a court session where parties present their arguments, evidence, and testimonies before a judge. The judge listens to both sides and makes decisions based on the information provided.
Do you need more details on what typically happens during a court hearing?

Athullya, it seems like your case is progressing. The court usually schedules preliminary sessions to ensure all procedural requirements are met before a judge hears the case. Your advocate should inform you about the next steps and when you need to appear before the judge. Have you asked your advocate about the timeline for the next hearing?

Athullya, based on our conversation, here are the steps you have completed in your divorce case:
- Filed a divorce petition.
- Served notice to your husband (returned undelivered).
- Informed your advocate about the returned notice.
The next steps include your advocate requesting alternative methods of notice or proceeding with an ex parte hearing if your husband does not appear.
Do you need more details on any of these steps?

Athullya, here are the alternative methods for serving notice if the initial attempts fail:
- Newspaper Publication: The court may permit notice to be published in a widely circulated newspaper.
- Affixing Notice: The notice can be affixed at a prominent place, such as the last known address.
Would you like more details on any of these methods?

Athullya, after the substitution of service (alternative methods like newspaper publication or affixing notice), if your husband still does not appear in court, the next step would be to request the court for an ex parte hearing. This means the court can make a decision based on the evidence you present without your husband's participation.
Would you like more information on preparing for the ex parte hearing???

On December 26th, the court will likely review the status of your case, including the efforts made to serve notice to your husband and any updates on his response. The judge might also decide on the next steps, such as proceeding with an ex parte hearing if your husband still doesn't appear.
Would you like more details on what to prepare for this hearing?

Athullya, it seems like you're referring to the substitution of service. This involves alternative methods like newspaper publication or affixing the notice in a prominent place. If your husband still doesn't appear, the court may proceed with an ex parte hearing.
Would you like more details on how to prepare for the ex parte hearing?

Hi Athullya! It's important to confirm with your advocate if the substitution of service has been successfully executed. If it has, the court will review this on your next hearing date. Have you checked with your advocate regarding the completion of this step?