• Evidence for mental cruelty?

Please can you help me with type of evidence acceptable by court for mental cruelty?
I do not have audio/video or a digital proof.
Would witness work, especially if that person is a family member? Please also help suggest other type of acceptable evidence? Thank you.
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Messages ,emails with spouse would help you in making out a case 

 

2) you can examine witnesses to prove mental cruelty 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

- Family members witness will not suffice the purpose in couettoc prove the cruelty.

- To prove cruelty you shall have to lead the evidence in your favour with primary evidence in terms of documentary or recording or any other previous act of your spouse.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Any written communication, sms messages, videos, audio, photo, prescription, witness-even if that person is a relative. Treatment taken for mental cruelty like tablet band physical injuries and it's treatment in a clinic or hospital.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Dear Sir,

Mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. 

Establishing a case of mental cruelty depends upon the facts and circumstances of each case. However following ways, you can prove mental cruelty in a court:

Your oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.

Audio and video evidence are the best evidence and it is broadly admitted by the court. You can also strengthen your case with witness’s testimonies.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

See court may accept all kind of electronics evidence witness for establishing mental cruelty.

See you can also before court record your examination in Chief and they can cross examine. Family member as witness shall be accepted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It can be proved in the court, but in cross questions s/he should not failed or reverse back to you.

 

You should gather written.medical bills of pre marriage and if any post marriage.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It is difficult to prove.

Yes  witness will work, but if the witness is family member of the aggrieved it has lesser value.

At least now you try to have proofs viz., CDR, SMS, WhatsApp Message, E-Mail communication, Audio / Video recordings, CCTV Footage etc.,

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Testimony of witness cannot be doubted only because he/she is family members but to substantiate your case, independent witness/evidence is requisite.

Procure audio/video or a digital proof.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Witnesses, WhatsApp messages, videos, and other documents. Her behaviour can be explained in court.

Her own reasons for doing such acts.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- As per section 13(i) (a) of the Hindu Marriage Act, mental cruelty is defined as that moment when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.

- Since, you dont have audio/video or a digital proof in your support , then you will have to proof your case with the help of family members as witnesses.

- Yes, family members as a witness can prove the case in your support , and also acceptable by the court. 

- The following can be proved in the evidence by the witnesses :

1.Abusing nature 2. Threatening for life or harm to the in-law , in the absence of husband

3. No respect for inlaws and not ready to live with them  4. Lack of interest in the partner . Abnormal or threatening mind

- Without going through the divorce petition and lacking the documentary evidence , it is very difficult to prove the mental cruelty.

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Yes he can work evwn if he is family member if his testimony is genuine

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.Audio and video evidence are the best evidence and it is broadly admitted by the court. You can also strengthen your case with witness’s testimonies.

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

Evidence cannot be produced for the mental cruelty since it has taken place within the four walls.


However a witness who is in the knowledge of the same can depose evidence a additional witness besides the prosecution witness No.1 

T Kalaiselvan
Advocate, Vellore
90076 Answers
2501 Consultations

1. Evidence of mental cruelty has to be in the form of ocular testimony of the petitioner by way of affidavit in examination in chief. No strict evidence of it is required.

2. If any independent witness also testifies in favour of petitioner then it is icing on the cake.

3. A family member's evidence is also to be accepted unless the court comes to conclusion that his credit has been impeached in cross examination.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer