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Guest (Querist) 28 April 2013 This query is : Resolved
A wife has filed a case for divorce on the ground of cruelty and the husband in his reply has said that he does not want to contest this case. What should be done or which document should be filed in the court so that the case is decided in favour of wife earliest.

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Devajyoti Barman (Expert) 28 April 2013
Any document or witness which would prove the case of the wife of cruelty done by the husband.

Guest (Querist) 28 April 2013
There is no document or evidence of cruelty but mental cruelty was more than physical cruelty. Wife is living with her parents for more than a year.

Ajay Bansal (Expert) 28 April 2013
Oral evidence of wife and two other witnesses are enough, if case is not contested by husband, for getting a decree of divorce.

Guest (Querist) 28 April 2013
But Sir evidence of wife is only there as mental cruelty happened at in laws place where there were only family members of husband and no outsider. As such, there is no witness except wife herself.

V R SHROFF (Expert) 28 April 2013
If and Only If Wife proves cruelty beyond reasonable doubt, Divorce can be allowed.
Majority Court decline to allow Divorce Petition , only because Husband agree to the allegations, or do not fight.

Evidence of Medical, neighbor, family members, social workers in that area are necessary to prove beyond reasonable doubt.

Better they file MCD .

Devajyoti Barman (Expert) 29 April 2013
without evidence no decree is passed.

Devajyoti Barman (Expert) 29 April 2013
In es parte hearing degree of proof is much higher.

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