Thomas v. Thomas, Mat. Conf. 1-D-67; 4/3/67; Duff, J.
The magistrate granted petitioner a divorce, relying solely
On the contents of the petition. Cap. 364, Matrimonial Causes Rules, Rule 25(1) stipulates that witnesses at a trial or hearing of any matrimonial cause be examined vivavoce or, with the permission of the court, that facts be proven by affidavit.
Held: A decree dissolving a marriage cannot be made where no evidence was examined by the court. The case was returned to the lower court to allow petitioner to substantiate his claim.
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