Nitish Banka

    • How you will not get Divorce if you fight case like this.

    If you are contesting divorce on the grounds of cruelty and desertion then these points you have to keep in mind if you want to get Divorce

    All the allegations in the plaint..

    You need to mention all the allegations in the plaint so that the other party may get an opportunity to counter them. In many cases after receiving reply from the opposite party new allegations comes to your mind. Remember that new allegations cannot be introduced easily you need to amend your plaint and sometimes it can be denied by the Judge.

    Retaining Documents

    Sometimes the parties keep their documents to be used in future…Remember order 13 and order 7 rule 14. After issues are decided you will not be allowed to produce the documents and in such cases they will not accepted as evidence..If you are still at stage of getting documents then you have to be clear of this stage.

    Not Corroborating evidence

    90% of divorce cases are lot because there is no corraborating evidence to support your case. Merely filing affidavit which is a copy paste of the plaint will not give you divorce you need also present independent evidence. see this article

    Not cross examining properly the evidence produce by opposite party

    You need to cross examine the opposite party at length if he/she is alleging allegations like extramarital affair, cheating or any of the serious allegations like impotency.

    Not highlighting the response of opposite party in failure to lead evidence.

    Gene really lawyers only argue and point out that the evidence produced by their party but fail to point out the evidence produced by opposite party and if there is no evidence then serious allegations are also ground for divorce.

    Fighting Case with no Evidence..

    Maximum cases are lost because there is no evidence if you do not have evidence then don’t file a case…Do this instead—->Get divorce when you have no evidence