What proofs required for mental cruelty on husband
ChandanLawyersclub
(Querist) 12 July 2013
This query is : Resolved
Dear experts,
Husband married from 10 years having no kids because of wife’s unwillingness to motherhood, His wife is not interested in child/ family . Husband is planning to file divorce on grounds of mental cruelty on him
1.Wife is not interested having physical relations with husband for procreation of child
2.Wife has taken sole decision of not having child, husband wants the child
3.Wife is not ready to adopt/ take help of artificial reproduction technique(ART) / surrogacy help for procreation of child
Husband need to proof the cruelty done by wife in court , what all proofs court will ask him ? Pl. help
prabhakar singh
(Expert) 12 July 2013
Just statement of your's and if there is some one before whom these dialogs have taken place,his statement too.If you have some electronic evidence of the dialogs then that too.
Adv Archana Deshmukh
(Expert) 12 July 2013
Affidavit of the husband along with other oral/ electronic / docu if available should be lead to prove mental cruelty. It depends upon case to case.
ChandanLawyersclub
(Querist) 12 July 2013
Thx Mr. Prabhakar& adv Archana
Is childlessness of couple and ok fertility medical report of husband along with affidavit will not proof mental cruelty?
Adv Archana Deshmukh
(Expert) 12 July 2013
See what is ok and what isnt depends upon facts and circumstances of the case, the pleadings of both the parties and evidence lead. The inference is drawn from the overall evidence on record and not just one or 2 things. In such cases discuss the whole case with a lawyer and then decide what and how much evidence to lead.
ChandanLawyersclub
(Querist) 12 July 2013
Husband has gone for family counselling for 4 times in family court help cell. Wife's says to judge she is trying for child , but to husband she says I am not interested in kid. I will not take any responsibility,even she not willing to leave husband. Threatens to husband if he will file divorce case she will finish his career and life by filing DV and 498a. Despite request from her parents she is not coming forward for having child.
Her cruelty fall as below, there are lot of SC& High Court cases published under these header.
a. Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.
b. Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.
what husband should do to collect evidence of such cruelty, once he files petition it will be difficult to collect evidence. Currently both husband and wife stays in same house.
Rajendra K Goyal
(Expert) 13 July 2013
As advised by the expert prabhakar singh ji and Adv Archana ji. All electronic, documentary ,oral and any other evidences. Contact your local lawyer.
