Divorce

Originally posted by : Vilash

1. Will I get my children after divorce??
Take: For custody and interim visitation of children one needs to apply under Guardianship and Wards Act. OR if both of you are planning on Mutual Consent Divorce then “custody / visitation” of children can be mutually agreed (discussed) accordingly.
 
2. Should I file this case under “mental cruelties”?? And if then should I provide any evidence for this as such there can't be any evidence for the oral statements said by them... But yes, I have one small mobile phone recording when they were scolding me, is it ok to give the evidence in court??
Take: If mental cruelties were done to you then you can mention instances with time/date/place in your divorce suit matter and with cross examination of witness (if any) and self one can file under mental cruelties as it is a valid ground to seek decree in divorce proceedings as per Hindu marriage Laws. Mobile recording if presented without tampering in such fact then it will be view of the Court to consider it or not as material records to establish your case.   

3. After all kind of harassment I haven’t notice to police, because I was afraid of police and also to visit to police station.  Is it possible to file the Divorce case without involving the police??
Take: A divorce case is filed based on available valid grounds as per once personal Laws and for the same Police complaint is not necessary as it is between you and a Civil Court.
 
4. I am living at my relative's home right now since last one month... There is no one year physical separation because my parents forcefully sent me back even I don't want to go there.
Take: If your marriage is 1 year old then you can very well file divorce case and it not necessary to be absolute 1 year separation necessary to file under valid grounds a divorce case..

5. I am also don't have any evidence that my husband beaten me, but yes I have witness of my sister and her husband and many times my children also have seen the cruelty..
Take: Such witness can be produced in Divorce suit matter and cross examined and if children are above 11 years old after careful consideration to their age and impact of calling them to Court one can even produce children as witness to physical cruelties.