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Manoj (Personal)     18 February 2014

Mental cruelty

Hello all - I am from Chennai. I have filed a case in the family court of Chennai seeking divorce on the grounds of mental cruelty under domestic violence act. I had filed my case in 2011 and right now the case is in the arguments stage. I have been waiting for this very date since April 2013, but the date kept postponing due to some reason or the other. I have submitted the following proofs to strengthen my case.

1. A certificate from a psychologist with whom we had gone for marital counseling before I filed the case. In the certificate, the following have been mentioned, which has been told to the counselor.  Spouse threatening me that she will commit suicide during several occasions, spouse trying to suffocate our daughter. The same have been accepted by my spouse during the cross examinations.

2. A false police complaint submitted by my wife's brother. The police complaint states that he (wife's brother) apprehends danger to her sister and daughter. The initial counseling sessions were cancelled due to the submission of this police complaint. Wife and daughter are staying with me in a separate room. During the cross examination, wife accepted that she is living at my house without any danger and she was given all the facilities and necessities.

3. A case filed by my wife seeking maintenance under crpc sec 125. In her petition, she had not mentioned that she was working and she was already getting money from me on a monthly basis. During the cross examination, she accepted that she is getting money from me, and she is working.

Would these proofs be sufficient for the court to grant divorce? Please provide me any pointers or any helpful suggestions.

Thanks ~ Noj!



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 2 Replies

Samir N (General Queries) (Business)     19 February 2014

"I have filed a case in the family court of Chennai seeking divorce on the grounds of mental cruelty under domestic violence act. I had filed my case in 2011 and right now the case is in the arguments stage."

Man cannot get any relief under Domestic Violence Act and neither husband nor wife can seek divorce under Domestic Violence Act. May be you intend to say something else.

Manoj (Personal)     19 February 2014

Hi Samir -The case was filed under grounds of mental cruelty. Pardon my ignorance, I thought DV includes mental cruelty.


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