• Sufficiency of proof of mental cruelty

Dear Sirs,

It is 3 years getting completed since my marriage. I and my parents live at different places considering my job. In the initial days of my marriage itself my wife started threatening me by committing suicide (cutting her hand, going from home without informing after a silly fight etc.). 

When it has happened for the first time, I thought of informing her parents along with my parents. 
after 3/4 months, the whole discussion where the same has been informed to her parents have been RECORDED (audio) wherein her parents have shouted at her for doing this act and told her not to do such act in future for any situation for that matter.

It has not stopped then. The similar threatenings are continued further but I could not record any of them. Now it is understood from my wife that I should have very less/no relationship with my parents and my sisters. I am not able to take any action considering my family's respect in the society and due to my office pressures. My life is becoming darker day by day at office (due to pressure) as well as at home (wife does not listen at all). My wife is not even ready to talk for any reconciliations.. she just bounces back saying why to drag the matter which has already happened wherein I would have been victim for sure. 

After around 2 years, when she went to her mother's house, we have not brought her. They have complained to the marriage mediators (close family friends and relatives) saying there are differences of opinion with my family so they called us for the reconciliation. we went for the same wherein the whole discussions have been RECORDED (audio) wherein the marriage mediators also conveyed to my wife that committing suicide or threatening is of very cruel act by her.

Now the mental torture is still continuing and I do not have any further confidence/belief that my wife would come for a discussion to resolve our differences. 

In these regular fights, my wife also asks me for divorce (I am not sure whether she is really want divorce). We do not have any kids

So am planning to file a decree for divorce on the basis of mental cruelty. 
My question is whether the audio recordings what we have, will suffice to prove that my wife is putting mental cruelty to me and my family. Requesting your opinion on the same so that I would take further action.

Thank you.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) if your wife is asking for divorce file for divorce by mutual consent

2) if wife refuses then file for divorce on grounds of mental cruelty

3) audio recordings are admissible in evidence

4) prepare transcripts of conversation and enclose it to divorce petition

5) you can also lead evidence of marriage mediators to prove mental cruelty by wife

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Please note that admission of audio recording in India is very tough and complicated job.

2. To admit audio tape the same is to be sent to FLS for forensic investigation to find out is genuity and moreover the voice sample of the concerned person is required to tally the contents.

3. So a person can refuse to give voice sample making it further complicated.

4. Hence my advice is to reply on witnesses who will depose in court to see the cruelty perpetrated on you.

5. Do note that your family members are competent witnesses to depose in your favour.

6.So file the suit.

Best of luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear .

as soon as possible take the shelter of law

Regards

Mob-no-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. Yes, audio/video recording is treated as digital evidence and is considered as valid evidence in the eyes of law.

2. Although you have audio recorded one/very few of her conversations, make sure that it is enough to prove her act of mental cruelty on you.

3. Court will not pass any decree of divorce based on minor tiffs terming it as wear and tear of domestic life.

4. You are required to collect adequate irrefutable evidence to prove her act of mental cruelty on you to get the decree of divorce from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The audio recordings alone will not suffice. The recordings can be led in evidence to only supplement the primary evidence i.e your testimony in the manner laid down in CPC. Seldom do the courts dissolve a marriage only on the basis of audio recordings, but if the recordings can supplement the ocular evidence then it is icing on the cake.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since the incompatibility is persisting and ever growing, you may find it difficult to reconcile the differences between you both.

The next best solution to this growing restlessness and depressed situation, it would be better to write to her by a letter sent under registered post narrating the events happened so far including she abandoning the matrimonial home on so and so date without any valid reason and also she is adamant not to change her nature or cruel attitude/behavior with you, you may ask her give her willingness for mutual consent divorce stipulating a time limit with which if there is not response or if she is not willing for the proposal, you may file a contested divorce case against her on the grounds of cruelty.

The audio recordings may not b considered as admissible evidence in the court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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