Mental cruelty

Burden to prove her allegation lies on her.

You simply argue that you are innocent and ask them to prove it, else stop shouting.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

as said by sree rocky smith since your wife had filed the case the burden of proof to prove the allegations lies on her.so you dont worry and just relax

as said by sree rocky smith since your wife had filed the case the burden of proof to prove the allegations lies on her.so you dont worry and just relax

You sneezed that day na, when she was eating ice cream at the mall na.  That you should not have done, sneezing in front of her amounts to mental cruelty.  For such kind of women anything you do or say, even breathe loudly in front of her and her parents is mental toruture.  Why did yo marry man? You could have stayed bachelor !!

You know you were Watching Cricket and you didn't allow her to watch those 5 year old Mega serials which is 59556th episode where DIL would be killing MIL.

You didn't say I Love You, while leaving to Office. You didn't pick up the Phone while you were driving.......

You would be called Pyscho, Saddist what not.....

Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mentalcruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner. While arriving at such conclusion, regard must be had to the social status, educational level of the parties, the society they move in, the possibility or otherwise of the parties ever living together in case they are already living apart and all other relevant facts and circumstances which it is neither possible nor desirable to set out exhaustively. What is cruelty in one case may not amount to cruelty in another case. It is a matter to be decided in each case having regard to the facts and circumstances of that case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made."

During cross, you need to ask her specific questions and ask her of any incident that she considered resulted in mental cruelty. Then ask her how she suffered, if at all. Then ask her if there were witnesses? Ask her names of such witnesses and if she was going to call them to give testimony? If not, you state on the record by asking her the question that is she not fabricating the allegations. Ask her if she sought help with some psychiatrist or whoever... Prepare your questions carefully and then conclude with a statement (in the form of a question) that all her allegations are lies and certainly did not cause her mental cruelty.

Remember that your silence on the allegations may tantamount to accepting them. Law is bizzare... A good advocate (for her) may grab hold of your slip in the final arguments and at that time, it will be too late for you.

I am not an advocate and certainly not an expert on the Indian Evidence Act but you better read on the subject before deciding to remain silent on the allegations during her cross-examination.