Yes it's enough material to file contested divorce. It's a good case

Constant threat to suicide, causing physical injury, abusing amounts to physical and mental cruelty and ground of divorce.

Her unwillingness to live with you will use as supportive evidece.

Evidences are sufficient and can apply for divorce using these evidences. And keep recording such evidences to prove continuous mental torture.

Dear sir,

Yes these evidences, along with oral evidences of you and your family members would be enough. 

You can initiate proceedings for contested divorce on ground on Cruelty. 

However, the custody of child might go to the mother because it is presumed that a child below 5 years would be better taken care of by the mother. 

It is not an absolute rule though. If you prove that you are a better person to take care of the child then the court will allow you to retain the custody. 

Do not worry about character. A child's character won't be judged because your marriage didn't work out. It is better to come out of a relationship which is causing you such mental agony. 

Best wishes. 

1. Based in the proofs you may file a divorce on ground of cruelty against her , the audio proof along 65 B certificate and transcript can be produced before the court.

Further you may seek custody of child citing his welfare.

You can file a contested divorce case on the grounds of cruelty. 

The documentary evidences in your possession,  if presented properly,  may establish your pleadings and grounds or  reasons for divorce. 

Audio evidences may not be admissible as primary evidence in court of law,  however the other substantial evidence in your possession may convince court not only for the divorce case but also the child custody case. 

You can discuss at length with your advocate and proceed as suggested. 

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem. They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. There is a bitterness in your relationship now.

Photos of physical injuries she has caused, Text messages and emails of threaten to suicide and divorce for smallest reasons, audio evidence which says she does not want the kid & you, audio evidence about her abusing you and audio evidence where she claims to have attempted suicide on multiple times all this definitely comes within the definition of cruelty according to Supreme Court recent judgements.
Supreme Court in case of Rani Narasimha Sastri v. Rani Suneela Rani, 2019 held that filing of criminal cases like case under Sections 498(A) IPC etc. against the husband and the family members and which are subsequently dismissed/rejected by the Family Court, is sufficient to be construed as an act of cruelty by the wife.
I feel Cruelty is no doubt, not measurable as a tangible commodity, but the standard for determining as to whether a particular conduct amounts to cruelty or only to normal wear and tear of marriage, has been the subject matter of several decisions of the Supreme Court.
In case of V. Bhagat v. D. Bhagat, Supreme Court held that Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together.
The cruelty is physical as well as mental. If allegations are made in writing and if they are baseless, it may cause mental pain to other side.
I have observed while dealing with some of such cases in Supreme Court that the inquiry therefore has to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent. It is not necessary, as under the English law, that the cruelty must be of such a character as to cause “danger” to life, limb or health or as to give rise to a reasonable apprehension of such a danger.

You may be awarded the child custody as there are cases where even if the child is less than 5 years child custody is given to the father. I perceive that divorce and custody battles can become a quagmire and it is heart-wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents. The eventful agreement about custody may often be a reflection of the parents’ interests, rather than the child’s. The issue in a child custody dispute is what will become of the child, but ordinarily, the child is not a true participant in the process. While the best-interests principle requires that the primary focus be on the interests of the child, the child ordinarily does not define those interests himself nor does he have representation in the ordinary sense. The child’s psychological balance is deeply affected through the marital disruption and adjustment for changes is affected by the way parents continue positive relationships with their children. To focus on the child rights in case of parental conflict is a proactive step towards looking into this special situation demanding a specific articulation of child right.
Please keep in mind that a court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. The court has to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development, and favourable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or even more important, essential and indispensable considerations. If the minor is old enough to form an intelligent preference or judgment, the court must consider such preference as well, though the final decision should rest with the court as to what is conducive to the welfare of the minor. Detailed discussion is required in such cases with complete facts.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Yes covid can deal it as courts are not regularly functioning. It will take some time till final decree

Hello. You need not feel afraid to go home or even in general as you are not wrong and are rather a victim in this situation. As per the facts stated, you can definitely file a petition for divorce on the grounds of cruelty. You have a strong case and all of the evidences you mentioned will work greatly in your favour and further you may add other corroborative evidence of people who have havem seen her act in such a manner. In a situation like your's it is always better to be the one who approaches the court first and it is also important to pen down and state clearly all the details of antecedent behaviour of your wife in the petition since it greatly mitigates any chance of the spouse filing a petition on false and concocted grounds upon advice of others.

Secondly you may also take up the matter on criminal side and file a complaint case u/s 200 Cr.P.C  before a court under sections 323,352 and 506 among others since you have proof to corroborate your claim. You may claim that you are the one who is the victim of the situation and she is emotionally unhinged and mentally volatile and has a violent temper and tends to act rashly and impulsively in such situations and has even physically hurt you as well as threatened and blackmailed you in other ways. This second suggestion is a more radical one and steps in this direction are only taken in a marriage situation if one fears an imminent danger of the spouse acting impulsively or taking a wrong step which may affect you in some way. As you rightly said the welfare of the child is of utmost importance and that has to be taken into account too.

Threatening to kill the child is an altogether different thing and takes it to a different level. I would strongly advise in such a situation to file a complaint before the police immediately and if they do not register then engage a lawyer and proceed under section 156(3) to get the FIR registered.

In such a situation you will also get custody of the child because mother is not only mentally unstable but a threat to the child's life. You may also add ground of mental instability in divorce petition.

Yes covid may delay proceedings but it is important to initiate first.

Can apply for divorce but hearing will take time due to covid.

Constant threat to kill child valid ground to obtain child custody.

Yes,Definitely you may go for the contested divorce proceedings before the court on the ground of cruelty, desertion and Domestic Violence against her based on the evidence you have discussed in the present post.

You may have to go for six to eighteen months period to obtain divorce against your wife due to COVID-19. 

The audio recordings , text messages would help you in proving your case 

you need to prepare transcripts of audio recordings and enclose it in your divorce petition 

The courts are only hearing urgent cases 

the cases would be delayed 

you can seek joint custody of your child 

1. Based on your mentioned points & documentary evidences and witnesses, you are surely entitled to a Divorce Decree on grounds of "Cruelty" and obtain absolute Child Custody.

2. IF Divorce Decree is granted on ground of "Cruelty" THEN you will not be liable to pay Alimony or Maintenance or any other monetary compensation to Wife. Wishing you Good Luck.

In the given covid-19 situation,  all the regular cases are likely to be affected. 

You may have to wait and endure. 

Yes the proofs referred at Point  No.1 to No.6 are substantial proofs to support your case, and that, you need to take transcript of audio recordings and produce in court.

Apart from above, you may record the acts / actions / abuses of her for future use.

Present scenario, no cases are being taken up.  Only emergency cases viz., Bail / Stay (demolition etc) are being taken up.

You can file for divorce on mental cruelty and also child custody by filing above proofs

1. Yes, it may get delayed though most of the courts have e-filing and hearing option so you can file your case. 

1. Nothing prevents you from filing a petition for dissolution of marriage on the ground of cruelty in the competent court.

2. The evidence mentioned by you should ordinarily be sufficient to prove the case.

3. No criminal case is made out from the facts mentioned by you. So police cannot register a FIR.

4. Petition for child custody can also be filed by you which has to be adjudicated on the touchstone of welfare of child. If you can prove that she has threatened to kill the child then you alone qualify to get child custody with no visitation rights to her.

5. Due to Covid-19 the courts in most parts of the country are accepting the filing of only urgent cases.

Yes of course you can go for filing of divorce petition on the ground of cruelty bi wife you have sufficient evidence to support your claim of cruelty along with the police application for the protection let the wife contest the divorce petition you can file another petition for the custody of the child otherwise you can include in your divorce petition but that will take time to decide so it will be good to go for separate petition for the custody of the child and sighting the reason you may get the custody of the child.

Of course during the covid-19 situation courts are not working properly and cases are the late to take up but you can file the petition and see if it is coming up for hearing and issued notices.

You need to handle this case very politely and with coll minded. Because if you have show her to family counselor who counselling for marital collaboration and not for separation of spouse. If the counselling is of mental situation what your have narrated above then re-think on it tho go for family counselling again.

Understand her situation as well why she is performing like this does all type of behavior or attitude does she has before marriage get this history first.

File child custody case under guardianship and Wards act. 

File a contested divorce case. 

File a police complaint against her under 406IPC in written form to the SP of your area. 

Dear sir,

As per the hindu marriage act 1956 if there is a mental cruelty and have all the evidence present with you in such a case you file for divorce petition its also a ground for divorce; however as per the child custody as per the guardian and wards act below the age of 5 years the custody will remain with mother after which you get the custody but you can get the visiting rights of your child!!

- As per the Supreme Court , Repeated attempts or threats by wife to commit suicide amounts to extreme cruelty and divorce granted.

- You should give information Application/Complaint to the SHO of your area police station, after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens.

- Further, you can also lodge a complaint for the threatening for killing the child as well. 

- Yes, the mentioned proofs are sufficient for getting divorce from the court after filing a Divorce petition, with the application of child custody . 

- Only urgent matters are hearing due to covid-19. 

Yes sir, the filing and listing of the case itself  would be delayed because the most courts are not functioning or functioning with limited capacity and dealing with most urgent matters only.

Any local lawyer from Bangalore would provide you with the exact status.

If you can prove that she has seriously threatened to kill the child, then the court will grant you the custody. 

Please make sure to collect all the evidences against her (beside the ones you already have). Save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. All these evidences will help you immensely in the investigation and trial.  

Also, do not cohabit with her. Cohabitation and engaging in sexual relations amounts to condonation of cruelty. It can be taken as a defence by you wife. 

audio call recording is considered as an evidence in court under 65b of Indian Evidence Act. 

the high court had restricted its functioning and that of the district courts till august 3 rd week. you have to wait. 

1. Yes the evidence available with you are more than enough to prove mental and physical cruelty by your wife. 

2. Yes due to COVID issue case can be delayed a bit till vaccination is not available.

3. You can also claim custody of your child on ground of mental health of your wife and thearts to kill the child. 

Yes these proofs are sufficient to establish the fact of cruelty and abuse. She also incompetent to take care of the child and hnece custody case should alse be filed.

Record all these threats. No not a problem.