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ryan (yjtj)     30 April 2012

Victim of verbal abuse want dv

folks, I have been married for 7 years, my wife is a true representation os a witch who just loves to abuse me, my parents and all our relative on one pretext or the other, I have been suffering for about 7 years, now my parents have grown old and weak, they live seperately fro me, but still my wife keeps on hurling abuses to them, fights with me sdaying that they operate me and they fill the words in my mouth as I am not capable of thinking, and thay are the ones who are not happy seeing me getting settled with her, she keeps saying that the day they die she shall celebrate the occasion like a festival. I have had enough of this nuisance, I have suffered for about 7 years with her, now my father ( who suffered from paralysis before my marriage but had recovered) is now again showing symptoms like high BP and dizziness, which had happened before he had suffered paralysis stroke last time, not to mention. Today my wife threated to burn away my passport so that I can never go abroad and work ( I have worked in UK for 1.5 years, never took her with me, I am in India on vacation), I have to return back to work in UK shortly, when I refused to give her the passport, she threatened and put fire on her dress, when I still didnt budge she threatened to kill her self and my 5 year old child with a knife and locked herself in the bedroom.

I just have started recording our conversation where she became abusive, cursed me and my parents, vowed that she will never let my parents entre my house, after the incident about burning herself I also informed her parents on phone, clearly told them that she is a case of mental unstableness, I have about 5-6 records where she is verbally and emotionally abusing me, cursing me or my parents, and recored os conversation I had with her father, mother, and brothers, telling all about her drama.

Some one pls advise, can I file for divorce on grounds os verbal abuse, is the recordings evidence ( just 7-8 records only of one day, although the drama goes on almost everyday, my hands start trembling is I rcord for the fear that I might get caught recording and she may destroy whatever little evidence I have mustered), can I file and get a divorce from her in India, or in UK?, and can I get an ex parte hearing, I am the only bread winner for both my and my family and my parents and thus cannot afford to be stuck with the court systems if I dont get an ex parte.

 

Some one pls advise before I become insane.

 

raviryanstar@gmail.com



Learning

 10 Replies

ryan (yjtj)     30 April 2012

sorry the tile had dv in it but it stands for divorce.


(Guest)

Dear Querist,

 

If your marriage was solemnised in India you may file for divorce here. The facts furnished by you make out a case of 'mental cruelty'  which entitles you to get a decree of divorce from the court. The recordings in your possession would help you during the proceedings and it would be difficult for her to rebut them. An ex parte order is passed only if the other part doesn't appear.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

ryan (yjtj)     30 April 2012

Thanks Ashish,

 

I have the recordings, but they all are of today afternoon and evening only, but the same abuses and emotional torture is going on for years now.

The reason I posted this here is becuase, I had read that voice records are of no consequence in the courts and only a video record is good enough, but here I am trembling to even voice record the abuses, how can anyone video record the abuses, we live in the same house, I cannot even get it wired for cctv, and even if I did she will see it and no one beahves bad when they are being watched, recorded ( video or audio)

second this is that I work in UK, if I file for adivorce here, I am not sure if I can keep my job, becuase the Indian courts are infamous for delaying without a reason the proceedings into the sunset of ones life, so I will loose both my career and my youth.

 

I want to proceed with the filing only if a handful of eexperts here assure me that my case will stand, as the saying goes the HELL HATH NO FURY LIKE A WOMAN SCORNED, I dont want to jeopardise my career and life is the case does not stand and this will put me into a lot of mental torture from her and her parents and brothers.

 

If you experts I should go ahead, could one of you pls advise the detailed procedure to be followed my me step by step.


(Guest)

Try and have more recordings in your armour. The sound recordings are admissible provided they are genuine. There is no reason why your career should be in jeopardy because of a divorce case. Divorce proceedings are civil in nature, meaning thereby that even if you happen to lose the divorce case it will not have any penal consquences for you. The delay in the disposal of cases is not without a reason.The burden of cases on the Indian courts is far more monstrous than anywhere else in the world, and thus the inordinate delay.   Watch out for a false 498A though which your wife may slap against you. You may authorise your lawyer to appear on your behalf. Your personal appearance would not be mandatory during the hearing except at the evidence stage.No lawyer can assure whether your case would stand or not. The success or failure of a legal proceeding depends upon the peculiar facts of the case and the way the court perceives the same.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

pradeep (na)     30 April 2012

Why you didn't take her with you to UK? This may be the crux of the problem. Normally wife will prefer to stay with husband.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 April 2012

Similiar query ws answered by the experts in another thread recently.


(Guest)

 

Similiar query ws answered by the experts in another thread recently.

 

 

yes

Kunal Shah (Proprietor)     01 May 2012

I guess what is also of relevance here is whether the wife can claim under relevant laws that her voice was recorded without her consent.

I believe that recording someone's voice without the person's consent is also illegal, and that is why all call centres / help lines in India state before transferring to the agent that the comversation may be recorded for quality and training purposes.

I humbly request that the learned Counsels on this forum also comment on the legality of recording someone's voice in a conversation (either when face to face or on telephone) without the other person's consent.

Big Iron (Officer)     20 May 2012

As per my understanding,

 

Recording your conversation with somebody is not illegal.

 

If some third party records telephonic conversation without converses knowledge, then it’s illegal.

  

b.goheel   28 January 2016

agreed with seniors


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