File for divorce on grounds of mental cruelty 

2) husband abusing wife amounts to mental cruelty and is ground for divorce 

3) seek interim maintenance and alimony from husband 

4) seek sole custody of your daughter 

If he has tendency to resign from work than what to talk about it. than he may not provide you alimony nor maintenance to you and your daughters. 

you can visit to nearest women cell which is located in the police station and counselling done from those officers of your husband.

You can seek contested divorce from him. If you can seek mutual divorce it will be good. You can claim maintenance through different legislations from him for yourself and child. 

Yes some proofs are needed to prove that he is treating you badly.

File a 498A,420,406IPC FIR against him

1. You can file a complaint before the mahila police station against husband for verbal abuse and cruelty.

Also in case you wish you may seek divorce from him on ground of cruelty.

Yes you have to provide evidence of cruelty.

If you would like to take legal action against him then you may approach police directly with a complaint against him and  request them to initiate proper legal action against your spouse. 

But this action may strain the relationship between you both permanently after which there will not be any point in you both living together 

Think about it properly and take a wise decision at right time. 

You may make strong pleadings in your divorce petition narrating the cruel events that had taken place in your married life so far, chronologically.

This may be supported by any witness from your side. 

1. You are free to file for dissolution of marriage on the ground of cruelty.

2. Your own statement in the court reduced to affidavit may ordinarily be sufficient to prove mental cruelty.

3. You are also free to seek the custody of your daughter by filing a petition under Guardians and Wards Act.

Respected mam....

First of all make recording when he starts abusing you that maybe audio or video recordings then make your mind clear whether you want to stay with him or get a part .. if you want to stay with him then convince him for not to do so and if you want to take legal action against him then these recordings will help you alot in each and every minor as these are admissible in the court of law along with the certificate of 65b of Indian evidence act..... Yes you can also take help of that recording for convincing him a bit kind of trade that I have these recording if you will not stop abusive language then I will go to the court of law.....

Thank you

Well it's not clear how serious is the issue between two of you but if the acts of cruelty both physical and mental is there then on such basis you can file a suit for dissolution of marriage. 

It's needless to say that tk get a decree of divorce you are required to prove your allegations. 

try make your husband first, talk to him, if he doesn't improve you can file for divorce, if mutually it is possible then go for mutual divorce otherwise contest it, keep proofs handy of mental cruelty, you can record when your husband abuse again

You need to gather video or audio proof of the abuses if not an FIR will suffice. File suit for maintainance for yourself and child thereafter seek for divorce. Feel free to contact me for further guidance if you need in karnataka 

You have to prove allegations made against your husband in divorce petition 

messages exchanged with husband , emails , call recordings would help you in making out a case 

No need submit the proof, you yourself is the proof in the court because you are the victim and the other party is the accused to perform mental cruelty.

In actual mental cruelty cannot be proved on the basis of any documents or proofs.

You need to prove the mental cruelty by the verbal statements 

Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- If your husband files a divorce case, then you should file the above mentioned cases against him , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

- Since, you are having a kid with you , then it would not be a wise decision to get divorce , hence you can get justice after filing cases against him as i mentioned above, and which can be withdrawn by you , on being compromises with him . 

- Further , no proof required to file cases , except marriage proof like marriage agreement or photos , etc.

Madam,

You are suggested to have record of his activities and also produce some witnesses to the court for proving the case of mental cruelty. 

You record his abuses (audio / video).

You can file Police complaint or complaint with women protection cell against  him using the recorded abuses.

You also can file for Divorce against him abusing amounts to mental cruelty.

You can seek interim maintenance from him for you and your child and also alimony.

You can also file complaint under Domestic Violence

You can file application seeking custody of child.

In order to support your case for divorce under ground of mental cruelty, you need to support your case with proofs. 

The option stated above will help you in supporting your case. 

If you do not have any proofs, try and collect them.

When he abuse, record it. Valid evidence to prove mental cruelty. And can claim alimony also on this evidence.

If your husband continuously keeping torture you you can file an FIR against him in any nearest police station, even though he torture you, you can file a complaint under domestic violence act and under section 498-A with the help of lawyer. 

In case you want a divorce, you can file a petition on the grounds of mental cruelty, in the district family court. You will be required to collect evidences . 

1. In a divorce petition the allegations of cruelty are not to be proved strictly as it is not a criminal case.

2. The testimony of petitioner may ordinarily be sufficient.

You can maintenance if from your husband if he fails to maintain you and your daughter either under DV act,  HMA act or under sec 125 CrPc. 

1. You can file divorce on ground of mental cruelty by husband. 

2. You can also file case for maintenance against your husband for monthly expenses of you and your daughter.

3. No it is not mandatory to submit proof for proving mental cruelty but it will be better if you collect some evidence to make case better in your favour.