Sathya Shanmugavlu 03 January 2025

Contested divorce with no evidence for mental cruetly

Dear Experts,.

My wife filed a divorce petition under mental cruelty in the year 2018 and after a period of 7 years she filed Proof Of Affidavit, mentioning the same points she mentioned in her original divorce petition.

Under Evidence, she only produced, her marriage certificate, her Aadhaar card & her driving license. (No notarization & No attestation)

Is these evidences sufficient to grant her divorce ?

Will the family court judges just go by their allegations in the petition & proof of affidavit without requesting for any material records ?

Is contested divorce that easy for any woman to just type 5 pages of false allegations and get divorced without any question or evidence ?

please kindly advice as this should not be encouraged as everyone then go for divorce mentioning all false allegations which are not proved before the court of law.

Thank you very much in advance.

Sathyan

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 03 January 2025

It is a practical issue.

This case is running for around 6 years and you were aware of all the facts and details about the case.

There is noithing new to be informed to you except advise you to extract the truth during coss examination and get her case dismissed on merits..

However as you both of you are living separately for more than six years with no possibilities for reconciling the differences or rejoining, then what will be the purpose solved if you vigorously contest and win the case because she may not be willing ot rejoin you even if she loses the case and you cannot force her to return to the matrimonial fold.

Hence you may take a wise decision at right time.

Sathya Shanmugavlu 03 January 2025

Thanks a lot Kalaiselvan sir 🙏

T. Kalaiselvan, Advocate (Advocate) 04 January 2025

You are welcome for your appreciations.

...

Dr. J C Vashista (Advocate ) 04 January 2025

If your wife did not submit unflinching evidence to prove her case it is fatal for the case to favour yourself.

Your lawyer has to cross-examine in her deposition to disprove her version.

The documents of aadhar card, marriage certificate and driving licence has to be proved by the witness by submitting originals of the said documents, which is her (your wife's) responsibility.

Seek opinion and advise of your lawyer engaged by you for the last about 6 years who is well aware about facts and circumstances of case / documents and proceedings.

P. Venu (Advocate) 04 January 2025

The proof affidavit is in lieu of examination-in-chief. The deposotion is complete only when the witness is cross-examined. The omissions and contraditions could be brought on record through cross-examination.