Hello Friends,
My estranged wife has filed a divorce case u/s 13 HMA (on the basis of cruelty - both physical and mental). All the evidences are complete. I have the final arguments date on Monday, March 04, 2013. Please do let me know the procedure for final arguments. Please do let me know the Judgments/citations prefably Rajasthan HC or Supreme Court which I could attach in favor of my final arguments.
Also please do let me know your thoughts on the following:
(i) In my reply to her divorce petition and my examination in chief statements I had stated that she had told me that "she had married on the insistence of her father and that she loved someone else and wanted to marry her". She had told similar thing in her examination in chief that I loved someone else and that I had no interest in her. She had asked me in my cross the name of the person who she loved. Obviously no wife would tell the name of her lover. I told her the same thing that she hadn't told me the name of her lover.
My Query:
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Does this amounts to mental cruelty? I am sure her lawyer would raise this during the final aruguments that I have made a false allegation (that she loved someone else) which I couldn't prove. So this amounts to mental curelty towards the wife. I think there is a judgements towards this as well. Does only this statement really amounts to cruelty towards that wife? What can do really to counter this during final arguments?
(ii) On more thing we said in our reply and my examination in chief that my estranged wife gets fits. She got these fits in her hometown as well as in matrimonial home. This was coroborated in statements made by my father and my bhabhi. She asked me the proof which I can give in support to these for which I said that you were taking medicines from your family Dr. and he was doing treatment and so I don't have any proof for this. Does this also amount to mental cruelty?
I can think of only these 2 incidents which can well be raised by her lawyer. Rest all incidents there is no independent witness of mental cruelty incidents which she has mentioned only heresay. There is no proof of her physical or mental cruelty. In her deposition she has only given a prescripttion of her family Dr. which says that - "The patient is not responding to queries and is completly silent. Seems to have some mental shock". There is no independent medical observation. Would this prove her mental cruelty? Other than this there is no direct documentary evidence.
Please do help me with your esteemed suggestions.
Thanks and Regards,
Sid.