Legal Question in Family Law in India

Hello

I got married under HMA.I am working in US.I have filed for divorce in india on the ground of cruelty.She is contesting the divorce case.I have proof of medical certificate

that i was suffering from depression and stress due to unhappy married life.Is this proof will be enough to get divorce or i have to prove allegation of cruelty against her.

I don't have any proof except this medical certificate that i suffered from depression and stress due to unhappy married life.Is this proof sufficient?


Asked on 9/19/09, 12:31 pm

4 Answers from Attorneys

it is not sufficient but if u r living seoprate more then one year then it is a ground of cruelty.

Regards,

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Answered on 9/19/09, 12:33 pm
Seshadri Srinivasan www.lawconcern.com

Basically in a petition for divorce on cruelty grounds, you must have detailed all events you could recall that your wife committed cruelty. May be most of these cruelty mental or physical may not be PROVABLE but the sequence of events can show an over-all cruel mindset.

For evidence you can:

A) Ask the doctor who issued the certificate to include the reasons you told him/her during consultations

B) Bring witnesses who could be your parents or even her relatives if they are willing and neighbors etc

C) You can give evidence yourself detailing all acts of cruelty by your wife to court.

This way, you can succeed in your case.

Mere separation of more than 1 year will not entitle you for divorce unless it is with the intent on spouses' part to live separately.

S.Seshadri

Chennai office Phones: 98403 20808 /28515229

emails : [email protected]

[email protected]

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Answered on 9/19/09, 9:10 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case you can prove that the depression was the direct outcome her cruel behaviour and her behaviour was of such a nature that living with her was almost impossible. in case you can relate the incident of cruelty with your depression. you mayl win the case.

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Answered on 9/20/09, 1:56 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 9/21/09, 5:14 pm


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