XYZ (XYZ) 11 November 2013

Regarding matrimonial issues

Dear Esteemed Members,

Request your expert opinion on how to prove the following in hon'ble court of law:

Physical Abuse - would medical certificate from a non government hospital do ? I did not file any complaint when the abuse took place. Also i dropped a mail and sms to my spouse's family communicating that i have been a victim.

Verbal Abuse - E-mails to my spouse's family communicating the abuse and some audio clippings.

Seperation - Even though the address is same but rooms are different with minimum communication.

Discharge of Matrimonial duties not done by spouse. - Would the court believe on my family's statements?

Mental trauma and torture.

Does my case qualify for a divorce under Hindu Marriage ?

Reply Follow

2 Replies

(Guest)

Medical report only from govt hospital doctor will be considered as proof.

T. Kalaiselvan, Advocate (Advocate) 11 November 2013

Cruelty can happen even when both are living under the same roof. Husband's duty is to maintain his wife, if he fails, he may be ordered to pay maintenance amount to her. Your family members if they are acquainted with the facts of your case can depose evidence for you and it can be considered as trust worthy, there is no need to examine any independent witness to substantiate your grounds or pleadings. As far as the physical abuse is concerned the medical certificate issued by the government medical practitioner can be taken as a valid evidence.