File for divorce on grounds of mental cruelty 

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

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

4) seek joint custody of your child 

You can file divorce on grounds of cruelty and her abnormal behavior harassing you and your child. Also claim custody on the said basis. 

1. Refusal to discharge even regular obligations in marriage is instance of mental cruelty. 

2. So on this ground a suit for divorce can be filed wherein you can file petition for visitation of the child. 

3. Considering the age of the child custody is unlikely to be transferred to you. 

4. When he attains enough intelligence and speaks in your favour then you can get his custody. 

5. Before filing the divorce suit try to revive the marriage by taking recourse to counselling. 

Please file divorce petition on the grounds of cruelty and Domestic Violence against your wife under section 13 of Hindu Marriage Act.  

Contest and seek a divorce from her on the ground of mental cruelty.

Fit case to present a case on the ground of cruelty, as you’re undergoing tremendous amount of physical and mental cruelty 

On Cruelty ground you can apply for divorce and but child custody post of the times mother gets.

Dear sir,

1. Try to explore the possibility of mutual consent divorce. It is the easiest and quickest way to obtain divorce. 

2. You can file a petition for divorce on ground of physical and mental cruelty under section 13 of Hindu Marriage Act. 

Please note, according to the decisions of Hon'ble Supreme Court and several High Courts, the cruelty has to be of such nature that it is almost impossible to stay as a married couple. Now, I understand the mental agony you must be going through, but the court will judge only on the basis of evidence. So make sure to collect strong evidences before you move to the court. Also, there is a possibility that she might file counter complaints against you and your family. Therefore, it is advisable that you save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. The idea should be to collect everything in order to prove your case and counter her allegations against you (if any). These evidences will help you immensely at later stages.

3. The custody of child is usually given to mother if the child is less than 5 years old. It is highly likely that the court will not give you the custody of child.

However, it is not an absolute rule. In order to take custody you'll have to strongly prove that it is in the best interests of child that the custody is granted to you. For. eg. If the mother is a drunkard, beats the child, reckless etc. 

Hope this answer helps.

Best wishes.

A divorce petition must be immediately filed on grounds of cruelty and abuse. If she is in an adulterous relationship with anybody tgen that is also a ground.

Not taking care of the child.

File for divorce on the grounds of cruelty.

Child custody is very difficult to have because the age of the child is very less. A small baby needs mother more.

You may seek divorce on the ground of cruelty ( both physical and mental cruelty in your case) since all her acts and actions would fall under the category of cruelty. Furthermore the acts of beating you without any reason and physically injuring you to the extent that you had to go to the hospital seems to be a sort of mental disorder and so you can also add this as a ground as provided under sub clause (iii) of sub section 1 of section 13 and you can claim that your wife is suffering from mental disorder of such kind and to such extent that you can't be expected to live with her.

You can also file an application under section 26(H.M.A) along with the petition for claiming custody of the child during the pendency of the case and after disposal as well. However it must be noted that normally the custody of a child below 5 years is given to the mother as it is considered that only she can cover the child's needs at this tender age. Having said that, if it can be shown to the court with the help of evidence that it is not in the best interest of the child to stay with the mother for any reason including her habit of drinking in your case the court can always pass an order in your favour.

Dear sir,

You can file a divorce on ground of cruelty as contemplated under section 13(1)(ia) of hindu marriage act 1955; however for the custody of child you can file a petition under the guardian and wards act 1890 wherein the mother is primary guardian for all children under the age of 5 after which father will get the custody ; however based on the cruelty you can prove and get the custody of child!!

Start collecting evidence in form of audio,video, drinking video and file petition on the basis of cruelty, use paper giving before relatives and also convince your father and mother must be aged to give evidence before the court corroborating your version.

 - As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , her acts as mentioned by you , amounts to cruelty on your and your parents as well. You should keep the said medical prescription with you .

- If she is not interested to live with you , then you should take her consent for mutual divorce , which can be granted easily and within a short period of time. 

- If she refused , then file a divorce petition on the above mentioned grounds , with an application of child custody. 

You can connect me via kaanoon.com 

Record all her acts and than apply for divorce on the ground of mental and physical cruelty.

Child custody rest with mother only till 5 years of age. Only in exceptional cases, custody may grant you like her drinking habit etc.

Dear Client,

You may divorce her on the Basis of Mental Cruelty. You may record or make video of her activities while she is drunken and produce the same in the if needed as evidence.

File a case for divorce on the ground of cruelty.

you can file a petition for divorce under the aforementioned grounds, provided you are able to prove the avertments. The most probable ground for filing case in your circumstances is under cruelty.

till the age of 5 years only mother will be having custody there after only you may fight it out for custody on the ground of betterment of child. 

You can file for divorce on ground of mental cruelty. 

You can use the above proofs to support your case.

You can file for custody of child.

1. You have a cause of action to file petition for dissolution of marriage on the ground of cruelty.

2. Petition for child custody can also be filed by you under Guardians and Wards Act, which will be adjudicated on the basis of welfare of child.

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

All her attitude and conduct can be enumerated chronologically in your pleadings as grounds for divorce. 

You may discuss the subject matter at length with your advocate and proceed on the suggestions received. 

1. You can file divorce on ground of physical and mental cruelty by your wife that too in front of relatives 

2. You can also demand custody of your child by filing case for custody on ground that wife is alcoholic and she is very short tempered.

Dear Querist

Immediately file a divorce case against her before the Family Court Ghaziabad under section 13(1)(ia) of Hindu Marriage Act along with an application under section 26 of Hindu Marriage Act-1955 fro child custody.