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Do I require any evidence to file divorce case
26-Jun-2023 (In Divorce Law)
my husband doesn't have a job since marriage. In fact he lied of lied about job during marriage. He continued to lie for months about job, I found the truth and myself joined job to maintain daily needs. He is also a Alcoholic and use to demand money for drinking, if i refuse he is to beat me up. he also use to demand sex after getting drunk if i refuse he use to beat me up. He never changed even after birth of my daughter this continued for eight years. Finally i have decided to quit and apply for divorce but he will not agree. Do i require evidence for incidents happen in house/bed room
HI
In a family court, there is no requirement of concrete proof for domestic violence and other incidents mentioned by you.
all the more since your husband is not having a job, the courts will perceive that he is not fulfilling his duties as a provider and will decide in your favour only, if you wish to apply for divorce .
The courts will also consider your pleas on domestic violence, if you were to demonstrate that he has no source of income and is addicted to alcohol. the definition of domestic violence is very huge and includes, mental, physical and financial cruelty.
In a family court, there is no requirement of concrete proof for domestic violence and other incidents mentioned by you.
all the more since your husband is not having a job, the courts will perceive that he is not fulfilling his duties as a provider and will decide in your favour only, if you wish to apply for divorce .
The courts will also consider your pleas on domestic violence, if you were to demonstrate that he has no source of income and is addicted to alcohol. the definition of domestic violence is very huge and includes, mental, physical and financial cruelty.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Basically, you can file for divorce under grounds of cruelty and also file a domestic violence case. If you have evidence it is better, even in absence of evidence as the matter pertains to four corners of house, your statement of facts under affidavit are sufficient. Further evidence can be adduced in the form of neighbors/other household members/your child,etc. His agree or disagree does not matter, court will pass a Decree of divorce and his wishes do not come in way and merits of case, evidence are important.
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