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trishi (manager)     02 January 2014

Proving the case of mental cruelty

Please guide me 

1. what are the ways i can prove the incidents of mental cruelty by husband?

2. Can mental cruelty, if proved, become the sufficient ground for dissolution of marriage//divorce, before the completion of 1 year of marriage?

3. If both husband and wife agree and file Mutual consent for divorce , can it be done before 1 year completion?

4. How much time does it take after the date of filing of mutual consent of divorce, if it is before 1 year?

5. How the case of mental cruelty should be proceeded legally as i hv not yet filed a case for anything anywhere?



Learning

 2 Replies

Tajobsindia (Senior Partner )     03 January 2014

1.    By adducing pre-ponderous possibilities that such and such alleged acts of mental cruelties respondent did upon petitioning wife read with summoning to your side your witnesses and your cross examination at Bar you can prove your facts in reference in a family Court.

2.    On merit before completion of 1 year of marriage based on extreme alleged acts of mental cruelties the case is established and not other way round as asked.

3.    By showcasing extreme merit grounds taken by intending couples to dissolve their marriage via mutual consent divorce route before completion of one year of marriage a mutual consent case is requested to be allowed before Hon’ble Family Court.

4.    From the date of first motion statutory cooling period is 6-18 months to receive Decree in a mutual consent divorce suit matter.

5.    The first step is to meet in person with a competent Advocate in your jurisdiction and discuss set of alleged facts and he will assist in drafting an petition based on such facts to get it allowed for serving Notice upon respondent husband and then wheel of Family Law will take its own course.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

agree with expert, nothing left to add


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