• How to prove mental cruelty

Dear Sir / Madam
i am living with my wife and 5 years baby child, i want to file divorce petition against my wife on the basis of mental cruelty . I want to know that how i can prove the same in court. What evidence are required for mental cruelty ?
Will court approve mobile  / audio / video recording ?

She dose not cook food for me, nor having physical relationship without any reason and asking for money every time rather than monthly expenses and biting me if i did not give him
Asked 1 year ago in Family Law from Indore, Madhya Pradesh
Religion: Hindu
Hi, it is difficult to prove the mental cruelty but it all depends upon the facts and circumstances of each cases.

2. Mobile Recording, audio and video recording are help full to prove the case.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1)audio , video recordings , mobile recordings are admissible in evidence 

2) refusal to have sex amounts to mental cruelty 

3) if your wife physically assaults you file police complaint against her . it will help you in making out a case for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
All the allegations which you want to mentioned in your petition on mental cruelty can be proved by audio video recordings and massage as these are the digital evidence as per is section 65B of Indian evidence act
You may contact over the phone after pat the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1.  Audio/ video recording is very hard to prove in court and hence it is better be avoided.
2. The mental cruelty can be proved by witnesses like your family members who can testify if the said incidents.
3. The incident happened are instances of mental cruelty.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. Audio and video evidence are the best evidence and it is broadly admitted by the court.

2. If you have recorded in genuine manner and it remains undoctored then it is admitted by the court.

3. Abusing, careless in domestic  and matrimonial work constitue cruelty. In v sarita case it is held by supreme court as matrimonial cruelty and it is a valid ground for divorce.
Shivendra Pratap Singh
Advocate, Lucknow
2736 Answers
41 Consultations
4.9 on 5.0
1. Your oral statement reduced to writing coupled with any video/audio recording will suffice.

2. Audio/video recording is a valid evidence which can be used in the court.

3. Not having sex is a ground on which you can seek divorce.

Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You may prove mental cruely my giving instances like you said she doesn't cook so you may elaborate on this point or she denied having physical relation with you so give instances. Yes, at an advance stage of your case you may prove your case by showing mobile/audio/ video recording. You will have to elaborate on each and every event in your petition of cruelty. 

Regds, 

Adv. Payal. 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
The continuous non-cohabitation for a period more than two years can be a ground for divorce and it can also be stated as an act of cruelty as the same was without any valid reason. 
The other aspects like not cooking food and other trivial issues will not constitute cruelty, you may have to look for some solid grounds to establish the same, i.e., verbal and physical abuses, arrogant behavior, in compatible or ever increasing difference of opinion aggravating the domestic relationship into strained relationship, etc. 
You may look for some strong reasons other than this too. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. What type of mental cruelty she has shown on you?

2. You shall have to submit evidence in support of your allegation of mental cruelty,

3. Any type of audio and video reording will be accepted by the court as valid evidence,

4. File divorce suit on the ground of cruelty with evidence before the local Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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