Cruelty

Guest (Querist) 04 May 2013 This query is : Resolved
A lady after marriage was being treated very badly. She was mentally tortured by her in laws of course physical tourture was occasional She did not lodge a complaint anywhere except telling her parents and came to live with her parents. She is proposing to file case for divorce. How she can prove cruelty in the court which was nore mental and no complaint has been lodged anywhere.

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Nadeem Qureshi (Expert) 04 May 2013
Dear Querist
filing complaint is not mandatory simply file the divorce petition with all the real facts/Torture.
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Adv. Chandrasekhar (Expert) 04 May 2013
I agree with Mr. Nadeem. the facts can be proved by circumstantial evidencde if eye witnesses of cruelty will not cooperate with the lady.

prabhakar singh (Expert) 04 May 2013
Agree with Mr. Nadeem.Even if criminal complaint was not reported cause for divorce survives.

R.K Nanda (Expert) 04 May 2013
by oral statement about creulty.

Guest (Querist) 04 May 2013
Thanks and I am grateful to experts for advice.

In fact, the lady is soft hearted and does not want to harm those people otherwise except divorce. If she makes statements about mental cruelty in the court, will court punish them for such cruelty or only consider her prayer for divorce.

prabhakar singh (Expert) 04 May 2013
The court hearing a petition of divorce has power only to grant or refuse Divorce and alimony and maintenance.It can not punish for any act of cruelty.

ajay sethi (Expert) 04 May 2013
is the husband willing for divorce ? if so file for divorce by mutual consent . file for divorce on grounds of cruelty only if husband refuses . state facts which constitute cruelty . . she can lead evidence in support of said acts of cruelty .

Guest (Querist) 05 May 2013
Thanks respected Shri Prabhakar Singh Ji.

Respected Shri Sethi ji, the only problem is that she does not have anything in support of her evidence except her own statements. Moreover, it was mental cruelty more than physical cruelty.

V R SHROFF (Expert) 05 May 2013
Court will not punish anyone. Divorce will be allowed if cruelty proved.

Guest (Querist) 05 May 2013
Thanks Respected Shri Shroff Ji.

sibojyoti chakrabarti (Expert) 11 May 2013
Dear Mr Kumar, according to Hindu Marriage Act, Cruelty itself is a good ground of divorce. But for making the case stronger she can lodge a general diary with the local police station, which will not harm her in-laws directly but will act as an evidence while seeking divorce.

With Regards,

Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412

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