seeking divorce on cruelty is a long battle which takes time and money,its not a question of entitlement its a question of facts which are presented in court
Divorce petition
Whether a petitioner in a petition seeking divorce on the ground of 'cruelty', is entitled to claim such a decree under any circumstances, merely on the ground that the respondent has failed to prove the charges of 'cruelty' levelled in the counter by way of defence, against the petitioner???
Asked 10 years ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
5 Answers
Whether a petitioner in a petition seeking divorce on the ground of 'cruelty', is entitled to claim such a decree under any circumstances, merely on the ground that the respondent has failed to prove the charges of 'cruelty' levelled in the counter by way of defence, against the petitioner???
Asked 10 years ago
you have as Petitioner filed petition for divorce on grounds of mental cruelty . you have to prove your case . it is only if you prove your case would you be granted divorce . the fact that Respondent has failed to prove its case does not mean that you will get divorce
Hi, it is your case you have to prove it.
the general principle of burden of proof,is that a person alleging a certain fact is liable to prove it. thus you cannot take advantage of the weakness of the respondents' . your case has to stand on its own feet.
The basis principle of law is that a person who files a case has to prove his case by submitting the requisite proof to court. You cannot gain any legal mileage out of the fact that the opposite party failed to prove any allegation leveled by him.
