Nitish Banka

    • What evidence do I require to get divorce on grounds of Cruelty in India?

    Evidence is the key to get success in divorce cases, but the real question is what sort of evidence is required to get divorce?

    While researching on many judgements, I have devised a best strategy to get divorce.

    The incidences to which more independent witnesses are party to it are more likely to get succeed in a divorce case. The incidences like- wife insulting in front of Panchayat, friends and relatives has more credibility and chance of getting divorce gets increased.

    See V.V. prabhakaran V. T. Chandramathi

    Letters and watsapp messages will help in proving mental cruelty element and are often used in most successful cases.

    So, if you are saying that your friends and relatives cannot come to court to testify you will most likely fail.

    What if wife filed a false dowry and 498a cases

    The mere pendency of the case is not an excuse to get divorce. The statement if you make regarding the 498a case has caused you immense mental trauma and mental cruelty will not get you divorce. Even if your entire family gets implicated that is no way you will be getting divorce.

    Ranjeet Kumar Singh Vs. Kalyani Devi

    The learned family court has discussed each of these allegations at length in the light of the evidence on record and its findings do not suffer from any misappreciation of evidence or perversity. Conversion of a TDA/ Fixed Deposit in the name of the only daughter born out of the wedlock by the respondent could not be an instance of mental cruelty. The matrimonial suit was instituted after three years of the institution of the Itkhori PS Case No. 160 of 2008 on allegations of demand of dowry and cruelty in marriage. During the pendency of this appeal, the appellant has been convicted of the said charge. As such, the allegations of cruelty have been made against the petitioner rather than the respondent. The acquittal of the appellant in a case under Section 494 of the Indian Penal Code for want of evidence can alone not lend support to the petitioner’s allegations of cruelty in marriage in such circumstances. It is common experience that evidence of solemnization of a second marriage is difficult to be brought by the complaining spouse. As such, on an analysis of the entire material evidence on record and the pleadings of the parties, we do not find any such error of law or on facts, which deserves to be disturbed.

    But, if you get an acquittal along with other circumstances as mentioned above then it creates a case for divorce. See Judgement of V.V. prabhakaran V. T. Chandramathi

    What if you say that wife is not living with you for 2 years and you seek ground divorce on the ground of desertion that there is no justifiable reason to live separately seeHirajbai Vs. Kanchan Ben in which wife has stated that husband has not tried even once to reconcile and did not supported her and daughter financially and husband is also leading adulterous life. The divorce was denied in this case.

    By. Adv. Nitish Banka

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