Can i file for divorce in court??


Respected Experts...

Here I need to come again as finally I have decided to file the Divorce from my husband.  As in the previous queries I have to file divorce on the "Mental and Physical Ground" as I am harrased by husband and in laws.  Currently the situation in such that, my parents are also not supporting me as they can't afford me financially. 

But I have decided to do the same.  So I want your guidance for the following quieries:

1) Will it require to produce the evidences at the time of filing the divorce on the ground of mental and physical harrasement??

2) As you know such harassment only happens in the 4 walls of matrimonial house, so its too much difficult for me to produce the evidence at later stage also., so what should I do to prove those harrasments in court?

3) What other evidences should I collect which may help me later??

4) If I can't produce the evidences then will I not get the divorce?? So what will happend in that case?? How long the court give the decision???

 

Please give me your valuable guidances...

 
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Worker

 

1) Will it require to produce the evidences at the time of filing the divorce on the ground of mental and physical harrasement??

marriage photo + certificate or other documents from which it can be inferred that the marriage is solmnized is sufficient to get the case admitted. other evidence TO PROVE UR ALLEGATIONS will be required at evidence stage.

 

2) As you know such harassment only happens in the 4 walls of matrimonial house, so its too much difficult for me to produce the evidence at later stage also., so what should I do to prove those harrasments in court?

depending upon the facts of your case, u need to adduce evidences in support of ur allegations. Mere allegations without any proof are not sufficient. Oral evidence should be also supported with documentary one so as to make it trustworthy.

 

3) What other evidences should I collect which may help me later??

depends upon the facts of ur case - eg. medical treatment docs. after u were physically abused, witnesses (if any) ...

 

4) If I can't produce the evidences then will I not get the divorce?? So what will happend in that case?? How long the court give the decision???

in lieu of evidences, ur petition will not succeed.


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Dear Vilash,

First inform your local Mahila Samity & other women protection organisation on this regard.

Second make a police complain.

Thirdly file a case of 498A against your husband & inlaws. Seek protection from court on this regards.
Remember burden to proof you wrong is upon your inlaws side not to you.

Finally for divorce no need of proof is required. its just you want financial compensation from husband with divorce or you need the divorce mutually.

Regards.


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Thank you Md Shamshad...

How can I file 498A against them?? As per my knowledge, 498A can only be filed on the demand of dowry... Can I file  498A against them?? Because I have to prove that they have demanded for dowry.  So how can I do the same because for that I have no any physical proof. They oraly ask for the same... Can I only say that they harrase me because of dowry?? But court and police may need the proof for such complains....

Please reply me....

 
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Worker

Originally posted by : md shamshad

Dear Vilash,

First inform your local Mahila Samity & other women protection organisation on this regard.

Second make a police complain.

Thirdly file a case of 498A against your husband & inlaws. Seek protection from court on this regards.
Remember burden to proof you wrong is upon your inlaws side not to you.

Finally for divorce no need of proof is required. its just you want financial compensation from husband with divorce or you need the divorce mutually.

Regards.

 

md shamshad, 

in which Law College are u studying ??

 
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Freedom

I disagree with Mr Shamshad as he is instigating you to file a false 498 A complain . My next question to  Mr Samshad  is how do you prove voilence inside 4 walls of the bedroom please elaborate . And burden of proof is upon the petitioner and not on the respondent . I dont understand which law school thought you this .

As you want maintanence  you can get it through CRPC 125 .If you  have any physical proof of cruelty and it would have to be done accompained by a FIR and in turn the police would direct you to hospital and a Doctors report would be required hence it would be difficult for you to prove cruelty . As for Divorce you can get it through mutual consent with in 6 months provided both of you agree for the same .


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Vilash,

MCD is the best solution, 498a, if he decided to drag you, he will do it and needless revenging pops - up both side once the word dowry is described in suit. Misinformed by shamshad, the burden lies with pettioner. Also CrPC requires clear proof for claiming maintenance, else it gets rejected and has cascading effect on your divorce and final maintenance.

 
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Advocate/ nadeemqureshi1@gmail.com

I agree with mr. Amit.


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zz

Yes, nobody can believe that mr samshad is a LAW STUDENT at all. What law is he talking about.....BURDEN OF PROVING THE ALLEGATIONS LIES WITH THE RESPONDENT?? And remember, putting false 498a criminal allegations against somebody amounts to crime itself. Qeuriest is asking about issues about divorce based on cruelty grounds, which she is admitting is nt on very strong footings.....& mr samshad is advising 498a?......A misuse of law
 
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Mr. Smart Amit,
Please take a serious look into my massage.
Do wear your glass.
My massage clearly state that burden to proof you wrong is upon your in-laws side not to you.
This does not mean that you (petitioner) are free from providing evidence / proof of her allegation.
So next time read, understand and then comment.

Finally I am a law student and not an ordinary worker.

 

 
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