How to prove cruelty

Querist : Anonymous (Querist) 10 August 2011 This query is : Resolved
how can i prove cruelty which happen at husband house. I dont have audio or video records of events.

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Ravikant Soni (Expert) 10 August 2011
You can prove it by oral testimony and circumstantial evidence.

ajay sethi (Expert) 10 August 2011
is it physical cruelty or mental cruelty you are talking about? what are the facts of the case ?

for instance refusal to have physical intercourse for considerbale amount of time without any valid reason may amount to mental cruelty .
similarly if your husband is having an affair with another lady it would amount to cruelty .

Raj Kumar Makkad (Expert) 10 August 2011
Cruelty is no where defined in law. It depends upon facts and circumstances of each matter which constitute cruelty.

One may ask from you -what led you to file such case? Your reply against this question is cruelty. No audio or video is required to establish those incidents. Your oral statements are sufficient but if those are supported by some other cogent evidence may it be oral or documentary then it shall add colour otherwise also there is no problem to bring your case perfectly in the notice of court.

M/s. Y-not legal services (Expert) 10 August 2011
Yes. Am agree with experts.. No need to produce audio or video relax.. You can prove it by circumstantial evidence.

Querist : Anonymous (Querist) 11 August 2011
for instance refusal to have physical intercourse for considerbale amount of time without any valid reason may amount to mental cruelty ."

If husband is accuse of having sex say 2-3 time only in a month with wife, can i convert it to mental cruelty under 498a or DV.

kuldeep kumar (Expert) 11 August 2011
just 2 or 3 times may be cruelty but not sure and no case law

ajay sethi (Expert) 11 August 2011
no . cannot be converted to cruelty

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