Evidence in family case

Querist : Anonymous (Querist) 29 January 2012 This query is : Resolved
Hi all,

My husband has applied for a RCR.
Our marriage was a very emotionally abusive one and my husband is a habitual liar and so i do not want to go back.

My husband and his relatives are throwing faulty accusations against me and my family ( like me threatening to beat him up , not allowing to meet our child ,my parents threatening them up etc etc ) . Even the RCR notice which they sent is completely baseless and faulty.unfortunately almost all of the accusations are cooked up and baseless.

I am unclear as to what his intentions are for applying a RCR as i am ready to give him a divorce and i do not need any maintenance for me or our child. All i want him is to leave us in peace. I am also ready for unlimited visitation rights as long as he meets our child with me around.

I would like to know how to prove emotional abuse and how to prove that my husband's accusations against me and my family are wrong ? I was too foolish and do not have any evidence against any of the abuses . i never thought about those as i never had the slightest idea of moving out until recently when things were moving worser and worser.

I would like to know how evidences and proofs are considered in general for family cases ?

will the judge allow a truth detector test or anything of that sort ?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 29 January 2012
You have to first engage an lawyer who would guide you to draft and file a case for divorce.
The nitty gritty of evidence could not be made understood in few lines.
The matrimonial cases mostly depend on oral evidence of family members.

Shonee Kapoor (Expert) 29 January 2012
Take these objections in the WS, it is his case so first let him prove it, then you can do your bit during respondent evidence.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 29 January 2012
If u r ready to Divorce your LIAR husband, where don't want to go back, who stopped you filing a Divorce Petition,.

And if you want to join him , you have opportunity of accepting his prayer for RCR and join him, your child will get papa.

First decide what u want. what is ur objective??
Usually ladies want money from hussy. Q is figure!!5L or 50L .

who bother abt evidence & truth?? all bother abt money, in all MJ cases. invariably!!

Procedure comes later!!No lie detector. Everybody only tell lie in Court, on Oath!!

It is ur Advocate to prove .

Querist : Anonymous (Querist) 30 January 2012
thanks for the suggestion. i will reply to his rcr and also apply for a divorce case.

i do not want maintenance or alimony . even if i apply for a divorce case stating the facts , he will definitely deny those.

my only objective is , i want my husband to leave us in peace and not harass us more by spreading faulty accusations and dragging us to court for no reason.

i am sure that for all family cases , we cant have evidences ( unless we plan earlier and start recoding videos / calls etc ). so i wanted to know how court operates on such issues.