Proof

abhimanyu (Querist) 16 March 2013 This query is : Resolved
During around 3 years of marriage, wife was given mental tension regularly. Taunts and abusive language was a daily affair. Demands of money and dowry were being raised by husband and in laws. Wife left husband place and wants to file a case for divorce.

As she has not filed complaint any where, how she will prove charges of mental tension, taunts, dowry demands etc. in the court.

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c n vittal rao (Expert) 16 March 2013
If she is living separately for six months and can prove that her husband and in laws have not shown any interest in taking her back to the matrimonial home, then apart from mental cruelty irretrievable breakdown in marriage can also be alleged during divorce proceedings. She can also proceed with filing complaints prospectively that is in the present or future. Her testimony that the matrimonial home was not conducive to a happy marriage will also carry weight.
A lot depends on her credibility in court. But odds are in her favour.

abhimanyu (Querist) 16 March 2013
Is it necessary to file a complaint as majority of people feel that case becomes strong only then?

Raj Kumar Makkad (Expert) 16 March 2013
There is no requirement of filing other cases prior to filing for the divorce petition on the ground of cruelty. The petition has to be proved by petitioner by leading her own evidence and the facts and circumstances of each case differ from other so the petitioner is in better position to put her facts leading to such situation that there is no other alternate before her but to seek divorce from her husband.

abhimanyu (Querist) 16 March 2013
Sir, in the court they will also raise allegations against her. But it is not known how whatever happened with her will be proved in the court in the absence of any proof.