Hi, you can file a divorce petition in the family court on the grounds of mental cruelty ..consult a local lawyer and file the petition.

Immediately file a divorce case against her before family court under section 13(1)(ia) of Hindu marriage act based on the cruelty and proved her cruelty before the court and get divorce from her.

You can file an application under section 26 of Hindu marriage act for child custody if you want custody of child.

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1.if your wife is not ready to live with you then talk to her free and frank manner and propose to have mutual divorce.

2.A marriage can best be dissolved by way of mutual divorce.

3.if your wife doesn't agree then file a contested divorce suit and if you can prove the allegations mentioned therein then you can get divorce.

4.Do note contested divorce suit takes time and your wife on receipt of summons of the case may file criminal cases which you will have to face by taking bail and then fighting on merit.

The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.Humiliating of one spouse by another in presence of others does amount to cruelty. Matrimonial life is for homogeneity and companionship. Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .

• Mental cruelty

• Harassment

• false 498a case

• marriage non-consummated

• Mutual consent

The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.

file for divorce on grounds of mental cruelty

2)you have to prove the allegations made in divorce petition

3)in divorce petition seek joint custody of your daughter

4) court would award you visitation rights

5) you will have to pay wife alimony in case divorce decree is passed

1. Persuade her to apply for mutual consent divorce which is hassle free and takes only 6 months to conclude.

2. If she does not agree to MCD then the only remedy for you is to file for divorce on your own accord on the ground of cruelty, which she she may contest. So before going to court, collect evidence of her cruelty by installing CCTV inside the house.

Since you face tortures and cruelties from your wife which leads to an abnormal situation at home and intolerable, then you may decide to dissolve your marriage by a decree of divorce.

You may decide top file a divorce case on the grounds of cruelties if she is not agreeing for mutual consent divorce.

The child custody case may also be filed simultaneously.