Question: Wife failed to prove cruelty but I want to withdraw my defence. In 2020, my wife filed for divorce, but I contested it with strong evidence. However, it has been three years and the petitioner evidence stage has just begun. I am considering withdrawing my defense since she has submitted no evidence of cruelty. However, I am concerned if she can claim joint property that is not under the jurisdiction of the Delhi court, and if she can still be granted a divorce. Thank you.
If your wife is unable to prove cruelty, which was the basis for seeking a divorce, the court will likely dismiss her case. As the burden of proof lies with your wife, it is not necessary for you to withdraw your defense. However, it is important to note that you should not give your wife an opportunity to win the case by not presenting any evidence in defense.
The court will carefully review the evidence presented by your wife, and if she is unable to prove that you were cruel towards her, the court will dismiss her case. This will hold true regardless of whether or not you present any evidence in your defense or counter her case.
