• 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 3 years ago in Civil Law from Bhopal, Madhya Pradesh
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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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
Ajay Sethi
Advocate, Mumbai
27233 Answers
1480 Consultations
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Hi, it is your case you have to prove it.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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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.
Tulika Prakash
Advocate, Gurgaon
113 Answers
70 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
19557 Answers
507 Consultations
5.0 on 5.0

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