Yes, you can. A spouse cannot hold your life hostage simply by refusing to appear, and the law has a clear answer for exactly this situation. Once you file your divorce petition before the Family Court at Agra on a valid ground and the court is satisfied that your spouse has been properly served with notice, the case can proceed ex-parte under Order IX Rule 6 of the Code of Civil Procedure. In plain terms, if they choose not to show up, the court hears your side and can grant the decree in their absence.

The single most important thing is airtight service of summons. If your spouse is deliberately evading notice, we apply for substituted service — service by registered post, affixation, and publication in a newspaper under Order V Rule 20. Getting this right protects your decree, because an ex-parte decree can later be set aside under Order IX Rule 13 if the other side shows they were never properly informed and had good reason to be absent. Solid service closes that door.

Do keep in mind that an ex-parte divorce is not automatic. You still have to prove your ground — cruelty, desertion, or whatever applies — through your own evidence and testimony. The court will not simply rubber-stamp the petition, so your documentation and witnesses matter. If you want to understand the practical timeline and paperwork for an uncontested-in-effect case, you can connect with a matrimonial lawyer through the panel of divorce advocates in Agra and have your grounds assessed before filing.

The practical reassurance is this: a non-cooperative spouse slows the process but does not defeat it. With correct jurisdiction — the Family Court where the marriage was solemnised, where you last resided together, or where you as the wife now reside — and clean service, an Agra divorce is very much achievable even when your spouse wants nothing to do with it.