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Rajesh Kumar (junior)     06 August 2013

Evidences need for wife for mental harassment in dv or 498a

Can someone tell me what kind of evidences can or should a wife has to produce mental harassment ?

 

Can a bare claiming of he used to argue on issues or he used to shout has any value in courts? 



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 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2013

Proof of mental harassment specially when the person/spouse alleging that against the other can be very difficult to procure as at the time any act done by the other spouse that can be construed as an act of mental harassment/cruelty in a divorce proceeding no one other then these two present. Such act may be in extreme in nature,however without any witness to this, in such case the witness of the spouse herself/himself in the court will be considered sufficient. 

Rajesh Kumar (junior)     06 August 2013

this considration applies to 498a and DV cases also?

Rajesh Kumar (junior)     13 August 2013

Any more comments from Experts please !!!

Rajesh Kumar (junior)     14 August 2013

PLEASE PLEASE PLEASE....


(Guest)
Nothing more to add.

Rajesh Kumar (junior)     14 August 2013

""in such case the witness of the spouse herself/himself in the court will be considered sufficient.""

is this considered in the DV and 498a case also?

stanley (Freedom)     14 August 2013

Consider the case vice versa

 what you need to prove under'mental cruelties' grounds and they are not that tough to prove. -

Not looking after / serving guests at matrimonial home. -

 

Not looking after / serving relatives at matrimonial home. -

 

Not looking after needs of husband as wife's duty. -

 

Not cohabiting as husband and wife regularly (a marriage without s*x is anathema). -

 

Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her hsuabnd every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground) Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient.


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