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HelpmePlzz (-)     01 August 2013

Evidence required in order to prove cruelty of wife

Hi,

Please can someone share what are the evidences required in order to prove cruelty of wife for using them later when filing a case against Wife for divorce.



 5 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     01 August 2013

 For wife cruelty you should understand her behaviour , cruelty can be physically or mentally in husband case it is more of mental cruelty. Harssment which leads to mental cruelty . mentally disturbance   is also one form of cruelttttty.

Regards,

Adv. NIKHIL SETH

Mumbai  

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 August 2013

Can u discuss ur case so that I can be able to tell u the types of cruletiesa by ur wife

ashoksrivastava (scientist)     01 August 2013

Its extremely difficult to prove cruelty in court till she has done something outrageous like putting up advertisement in newspapers maligning you.Deserting you in medical crisis or levelling false charges of impotence may be other examples.

google indiankanoon+cruelty+divorce and study judgements where divorce was granted on basis of cruelty

Regards

ASHOK

498A__misused (Sec)     02 August 2013

if she is dropping you some bad /abusive SMS email or any such thing ... thats  cruelty.

If she is not preparing tea for your friends /reatives its cruelty

if she is beating you child you can even say thats cruelty

if she deny you food thats cruelty

if she deny you access to child thats cruelty

if her family ot she is asking for money or using bad language with you or threatning you thats cruelty

if she ask for money money money all the time thats cruelty

if she slaps you in front of some one thats cruelty

if she fight or put any false allegation on you in public or fight or abuse you thats cruelty

if any of her act which disturb you mentally ...you can say thats mental cruelty

If any of her act  like physical assult  , where you need to visit DR thats physical cruelty

if she deny you s*x for long time without any medical reasons then thats cruelty...

 

many such things ...but challange is how to proof it and talk to your lawyer if your wife is such abusive ...but again you have to prove the cruelty allegations ...

 

if she file any criminal case on you like false 498a and her lawyer oppose your bail application that is also cruelty

if she file any complaint/ case against you , then court give you clean chit thats cruelty

if she file divorce case like adueltry and she loose that case thats cruelty ......

 

bsically your lawyer need to proof her bad conduct.....

 

 

 

Nitish Banka (lawyer)     05 September 2017

 

 

Getting Divorce on Cruelty

The degree of proof needed to prove cruelty and getting divorce on grounds of it is far less than in the cases of 498a, because in divorce cases preponderance of evidence is more important than proving cruelty than proving it beyond reasonable doubt.

In recent judgement

 

Cruelty for the purpose of Section 13(1)(ia) is to be taken as a behavior by one spouse towards the other which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other. Mental cruelty is a state of mind and feeling with one of the spouses due to the behavior or behavioral pattern by the other. Unlike the case of physical cruelty the mental cruelty is difficult to establish by direct evidence. It is necessarily a matter of inference to be drawn from the facts and circumstances of the case. A feeling of anguish, disappointment and frustration in one spouse caused by the conduct of the other can only be appreciated on assessing the attending facts and circumstances in which the two partners of matrimonial life have been living. The inference has to be drawn from the attending facts and circumstances taken cumulatively. In case of mental cruelty it will not be a correct approach to take an instance of misbehavior in isolation and then pose the question whether such behaviour is sufficient by itself to cause mental cruelty. The approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental trauma due to conduct of the other.

cruelty

 

The major thing is that there is a breakdown of marriage because of the conduct and its not possible for husband and wife to live together, there should be a continuous atrocities and it should be apart from the normal wear and tear of marriage.

 
The married life should be assessed as a whole and a few isolated instances over certain period will not amount to cruelty. The ill-conduct must be precedent for a fairly lengthy period where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, one party finds it extremely difficult to live with the other party no longer may amount to mental cruelty.

 

Making certain statements on the spur of the moment and expressing certain displeasure about the behavior of elders may not be characterized as cruelty. Mere trivial irritations, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on this ground.

Sustained unjustifiable and reprehensible conduct affecting physical and mental health of the other spouse may lead to mental cruelty.

Therefore for getting divorce on the ground on this ground, whole marriage is to be assessed by the court, remember that the policy of the court is on reconciliation, one or two incidence does not suffice the grounds of cruelty.

By: Nitish Banka


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