1. If there is some ground as prescribed in hindu marriage act then he can file the case of divorce.

2. For getting the visitation right of the child, another case for custody of the child will have to be filed.

regards

1. Since his wife is not agreeing for Divorce by Mutual Consent, he will have to file a contested Petition for Divorce under Section 13 of the Hindu Marriage Act. 

2. No, he does not need to stay separately.  That is a requirement in Mutual Consent Divorce not otherwise. He, however, does need to create proof against the wife to substantiate his want for Divorce. 

3. Yes, he can seek access as well as custody of the minor child in his Petition and will be granted relief for sure.  The time that may go in obtaining the order, however, cannot be specified as depends from Court to Court. 

Husband can file for divorce on grounds of mental cruelty 

2) no need to wait for one year before filing for divorce 

3) you can seek visitation rights for child 

4) you have to prove allegations made in divorce petition 

1.  To file for divorce the couple should have lived separately for a minimum period of one year.

2.  Couple should have lived separately for one year includes couple who live under the same roof but not as husband and wife.

3.  In the instant case there is a 6 month old baby, and take that fact also while considering counting the one year separation period.

4.  Your friend can obtain favourable court order for visitation rights to spend time with his baby before he files for divorce.

5.  For filing the contested divorce, one of the conditions detailed below has to be satisfied:-

(a) After marriage, voluntary sexual intercourse with any person other than his/her spouse;

(b) Treated the petitioner with cruelty;

There are other conditions which I have not mentioned as those conditions are irrelevant in the instant case.

Yes, your friend can ask after divorce filing a child custody and court can allow visitation charges to meet daughter twice in a month.

Hello, 

1)  There is no requirement of living separate for one year for filing a unilateral divorce. It is required only in case of divorce by mutual consent. 

2)  After filing for divorce,  you can file for acct rights where by get a court order to compel the wife to allow access to child. 

3)  You are liable to pay maintenance for the child,  so ensure you make such arrangements before venturing. 

Divorce suit can filed at any time after one year of marriage. State all facts and circumstances of cruelty which includes bad or ill mental welfare.

Child being baby you can claim for visiting right to your baby. After 5 years of age you can claim custody for welfare of your child which will be the paramount consideration for deciding custody.

A divorce case may be filed at the family court on grounds of cruelty and mental harassment. Incompatibility and other issues. The daughter is with her so she'll take her but you can file a case for custody and in the meantime the court shall grant you visitation rights.

Regards 

You have to convince the court that she is impossible to live with and hence the petition is being filed.

Now proof of any kind...video audio or written is admissible.

1. If your friend is initiating the divorce proceedings, then whatever is alleged in the petition for contested divorce has to be proved in the court against his wife by providing ample proof of strong evidence.

2. Message exchanges, video recording, medical records like treatment taken in hospital for physical injury, etc.. have to be produced in Court. There is no rule that only video proof is required.

1) audio , video recordings will help you in making out a case 

2) messages , emails , letters exchanged with wife would help in making out a case 

1 yes he can file for divorce on ground as mentioned under Hindu marriage 

2. it is not mandatory to stay separately in the contested divorce.

3. yes he can file for the custody of the child and can seek interim visitation.

See messages such she quarrels fights ,messages , call records testimony of neighbours or family members.

- Since , she is not agree for mutual divorce, then your friend should file a Petition for Divorce.

- For filing the Petition for Divorce , one year separation is not mandatory. 

- The reason for not saving the marriage may be a good ground for Divorce . 

- Better file the Petition on the ground of mental cruelty , like not cooperating , no respect for others and many others ground you can take for the same . You can produce witnesses at the time of evidence to proof your cases and the message can be proof . 

- Firstly , try to reconcile the matter in disputes with her . If, she not agree for the same , then only file the Petition.

He can file contested divorce.  Yes he has to be separated for 1 year. No for custody he has to file separate custody petition. If you have no proof you need to examine witnesses who have seen the harassment

1. not required one year separation  your friend can file divorce on grounds of mental creulty. 

2.Custody and divorce are two different things. your friend can file a separate suit for custody of child 

Respected sir.... 

You have right to file divorce even after the next day of marriage but for that you must have to show circumstances such as.. Sexual harassment.,Adultery.,Alcoholism.,Disability.,Desertion.,Domestic violence... These all will help you to file divorce petition under section 13-A of HMA ... sir until and unless that baby attains the age of 5 years she will have to be with her mother then you must have to approach court for visiting Right S before that you even can't claim your Rights.... 

Thank you

Please note that this is a condition that the separation period must be one year but this can not be verified and you can file the diverse stating that the separation period is one year now please also note that the divorce petition when filed 6 months to get the first year and no order can be passed in a day it takes time and the intention of the code for this purpose is to get the people together not to get diverse device can go for the maintenance of herself and for the child from the husband in this regard under section 125 CRPC and Court may allow instrument in hands before deciding the maintenance suit the child below 5 years of age remains in the custody of the mother and father can get the visitation right from the court in this regard in case of contested divorce it takes longer than the mutual consent divorce and you have to produce and prove in the court that your wife is harassing yourself and there is no compatibility and you need to get ready to pay the one time value money apart from the maintenance of the child Till the age of 18 years or in case of girl child till her marriage

If she's not agreeing for mutual consent divorce then he can file a contested divorce on the grounds of cruelty.

He also can file a child custody case simultaneously and seek visitation rights to see his child periodically as an interim relief.

For filing contested divorce it is not necessary that they should have lived separately for a year.

It is not pertinent to have proofs or evidence to prove the factum of cruelty.

He can narrate the cruel events that took place chronologically in the averments and pleadings of the divorce petition.

There can be no evidence for the incidents that took place within four walls.

1. As per the information mentioned in the present query, makes it clear that your friend need to look for another ground of divorce which can be adultery or cruelty on him.
2. There are several pints which can be considered as cruelty on him and yes messages and recordings can also be used as evidence.
3. All what he needs y know the exact proofs to prove his case more strongly before the court of law.

Hello

There are some grounds on which someone can file divorce without a separation of one year one of this ground is mental or physical cruelty. And person filing for divorce must have evidence of cruelty to prove his case. 

Your friend can file an application for visitation rights of daughter.