Exparte evidence in divorce case
Situation : My wife applied for divorce on grounds of Cruelty under sec 10 X of indian divorce act, there was nothing as such it was all caste and religion problem only , Initially I tried convincing her not to go for divorce and attended 7 counselling session and 6 times for hearing and also submitted counter affidavit as more than a year passed by I lost the hope and started stopping attending the case, Now its almost going to become exparte , My lawyer informed me that they have to provide evidence after case is disposed off as exparte, there is no evidence for her to show cruelty from my end , so what evidence does court need to grant permanent exparte/divorce order in favour of her, if she cannot provide that evidence can the court dismiss her plea? I am not planning to appear against exparte let her take that divorce and do whatever she wishes. Please let me know how long will it take from disposing case as exparte and then the plantiff providing evidence and obtaining permanent orders?
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Many a times the Courts will accept the evidence of plaintiff and pass ex-parte divorce degree.
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