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Sajag (.)     24 March 2012

Which will amount to cruelty?

 

Dear Learned Members,

I am married for over 2 years and have a son. My wife on the day of delivery started behaving earratically and is not staying with me.  I have been severly tortured and fianlly after a lof of thought have decided to go for divorce.

Easier said than done in our system. I wnat to file based on mental cruelty which is a vague word. 

Need you guidance to know on it. Kindly help. Which one of the following will amount of mental cruelty(all are done to me)

1) Staying out on her own for last 6 months (in between she stayed for a few days after I made her come to my place and before that another 6 months she was staying outside for another 3 months)

 

2) Refusing to take any call or respond to anything now

 

3) Keeping the child away from me now and whenever I go abuse and do not open the gate (they act that they are not there)

 

4) Keeping the child away and the child is not with her (she stays at a long distance ) and visits sometime to the child

 

5) Telling me constantly that I drink in front of others (when I donot)

 

6) Telling me constantly that she wants a divorce, but when asked she refuses

 

7) Not informing me anything to the child

 

8) Hitting me with a knife (i have a medical report, but not a medico legal case) and bleeding and people have seen bleeding

 

9) When she hit me, I hit her back in defence and she immediately called in police to arrest me

 

10) Refusing to bring the child when she was with me for a few days in between and it resulted in fights constantly

 

What proofs and evidence I will need on the above ones, to inform on the mental cruelty? 

Kindly inform. 

I know because I hit her, that will be definitely cruelty as she is a "Abala Bharatiya Nari" and law, favors women in India mostly blindly even in age of higly increasing divorces and false 498As.

Regards,

Sajag



Learning

 2 Replies

Manav Kalia (Arguing my own cases..)     24 March 2012

Wait for some time, and see if the new amendment to HMA can help you out. In the meantime collect as much proof as you can, of your allegations.. All the best..

dr.pawan rajyan (member and secretory)     26 March 2012

CRUELITY IS VERY HARD TO PROVE


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