Dear Experts,

When a spouse put allegations of cruelty or mental/financial abuse/torture, does the court agrees ot it immediately and blindly because its put by a wife, even if it is merely a claim backedup by crocodile tears?

Or will the court ask for proofs for that? if yes, what are the examles that are accepted by the court as proofs of cruelty/abuse? can even a one email of a simple argument can also count to be proof of cruelty or mental torture? for example if a husband writes an email to his wife to requesting her to not to visit a common relative because he has differences with them. can wife produce such an email as evidence of cruelty?

regards,

according to 498A

1] any wilful act that drives the woman to commit suicide or to cause grave injury to life and limbs of that woman or

2] harassing he woman to coerce her to meet any unlawful demand for any property.

the above mentioned acts are cruelty.

not necessarily these acts need proof on part of woman. our media and police strongly believe that woman always speaks truth.

our blind, animal-like, idiot, stupid brainless indian common public have unshakable faith in the word that: woman can not lie since she can be your mother.

ha ha ha ha!!!

Dear Querist,

Cases in Courts are decided on the basis of evidence and not emotional arguments.Any party wishing court to give him/her the decree would have to prove the existence of cruelty/adultery on looking at which the court feels certain that it must have happenned. The mail that you talk about does not seem to prove cruelty at all. 

As far as suicide attemts are concerned, once my brother in law threatened me over the phone that they can drag me to the court because his sister has even tried twice to committ suicide because my cruelty towards her.

And, on the onset, I was taken aback thinking, wowWW!!!! now when did that happen because she never done any such thing while she was staying with me. then through a common relative, we came to know that to take a sympathy of her brother's wife so that she can stay at her parents home with them, she tried such awfull act..

can you imagine, she tried twice!!! still could not succeed even once...how sad...

well now the question is that if wife tries to commit a suicide at her parents home after marriage (not sure how true it is or can be proved or not, they just claimed verbally) can that be put on a  reason cruelty of husband? how can a suicide attempt be proved...?

i think in case of women only oral mentioning of suicide attempta is enough. our blind, idiotic, dumbo judicial system and common public will easily accept such claim.

Hello Mr. Arnab,

At emotional level, what you say, goes absolutely true for aam aadmi's understanding. But I will still request any one to answer from law's perspective as it prevails in India.

Regards,

@Desertedhusband!

U need not worry. If she commits suicide in these circumstances at her parents house, & leaves a suicide note too blaming u for her act......................at the most it will be a little bit of harassment for ur family, u may be running here & there for a few days. But nothing determinental will happen against u.

Abettment to suice charges are not easy to sail throu'. IMMEDIATELY-PRIOR & CAUSITIVE action from ur side shud be existing that too beyond doubt to prosecute u.

Precaution here is that never DIRECTLY communicate with her by any means from now on! If u receive such talks in future, forget not to RECORD them.

Gud Luk...........Rajiv

Thanks, Rajiv

Thats a very strengthening info.

Regards,

The person who is claiming any fact has to prove the same.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mr. Shonee, 

Can she claim that she tried to comit to suicide because of me as i had written her an email requesting her not to visit a friend? is that a proof enough of any type of cruelty compelling a wife to commit suicide?

I may be sounding silly but anything is possible in Indian law system.

Regards,