LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi (a)     05 May 2014

Divorce ground in my case

hello all,

namaste!

please let me know if the following is the ground of cruelty for the divorce petition filed by me against my stupid wife>

1. Complaining about police case on me and my family members, threatening to go to court.

2. leaving my house infront of me without telling me.

3. sleeping in another room always

4. shouting, screaming at me for continuoiusly 3 hours.

5. always talking to her mother about us by blaming.

 

i have valid audio/video proofs about the above points. can these proofs act as ground of cruently for getting divorce against my wife? kindly let me know.

 

regards

 



Learning

 9 Replies

Adv k . mahesh (advocate)     05 May 2014

the above said points result in cruelty but what made her react to such behaviour is the question

because when you for divorce on cruelty court will also question what circumstances made her to act like that thus r u harassing her by way of betting, asking for dowry

Ravi (a)     05 May 2014

thank you for your response.

i never took the dowry and never asked for dowry. she was not interested in this marriage and this is what she told me on day 10 after the marriage to me  and my parents. in order to come out of this marriage, she tortured us each and every single day even though i was all silent and being tortured.

she created the whole story by two hands and by telling lies and tortured us very much.

Gautam Kapoor (IT professional Studying Law)     05 May 2014

@Ravi yes if proved these are valid grounds for divorce. Behave good with her for the next month or so silently collecting proofs... ask her questions like ... we all love you in the family... why are you behaving in this way... was this marriage not conducted with your will. We have never taken any dowry then why are you behaving this way...Record all these for you and you family safety.

If you are staying in a joint family immediately move out.Collect the rental reciepts.Make a different ration card.

Ravi (a)     05 May 2014

Thank you sir.

actually, i filed the divorce in 2012 and then she filed DVC/498a as counter blast.

now it's my turn to submit affidavit in the divorce case in the next hearing. so wanted to know if it is ok to submit all audio/video proofs. if so, should i submit all in the CD and any forensic report is needed to say the files are not tampered.

 

Also, let me know by submitting these proofs, will it affect me in dvc/498a. kindly let me know sir!

regards,

Solomon Raju (Advocate High Court of A.P.)     05 May 2014

Yes...All these documentary evidence will be considered. The evidence shows the character of the person and as such it will influence the judgment also. Around 95% of 498A cases are false and even the police, lawyers and the courts are well aware of this fact. Only 5% are genuine cases. Audio and Video Evidence will treated as Electronic Evidence under section 65A and 65B of Evidence Act....You dont need to take any plea of forensic report as you are relying on the same. It is the other party's burden....

Gautam Kapoor (IT professional Studying Law)     05 May 2014

nothing more to add to what Mr.Solomon Raju has kindly advised.

Ravi (a)     06 May 2014

thank you sir for your comments. it gives me relax now.

these are the proofs i am going to submit in my divorce case long with affidavit.

now my queries are:

1. will these proofs go against me in DV/498a cases filed by wife?

2. if i submit now these proofs in divorce, they will suspect that i have audio/video proofs as defense in her DVC/498a case. will it be good for me or for them?

 

regards,

Solomon Raju (Advocate High Court of A.P.)     06 May 2014

That depends on the content...Until we see, we cant say our opinion and everybody thinks in a different way...Let your advocate decide...

Ravi (a)     06 May 2014

thank you!

i mentioned all the proofs in my topic of this question. repeating here...

 

1. Complaining about police case on me and my family members, threatening to go to court.

2. leaving my house infront of me without telling me.

3. sleeping in another room always

4. shouting, screaming at me for continuoiusly 3 hours.

5. always talking to her mother about us by blaming.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register