File for divorce on grounds of mental cruelty 

2) wife abusing husband amounts to mental cruelty 

3) rely upon messages , audio recordings in your possession to prove allegations made in divorce petition 

4) seek sole custody of your children 

You can file for contested divorce on ground of cruelty for the same before family court

1. You may ask your wife for mutual divorce if she is not ready for that you may file contested divorce on the ground of cruelty, citing her behaviour, fights, harassment. 

2. Also in case if there is apprehension that she and her family can file a false police complaint against you, you can give police beforehand citing intimidation and harassment. 

1. First of all, NEVER give in to the suicidal thoughts. 
2. You must file a petition before the family court for divorce on the grounds of cruelty. 
3. You must also plead for guardianshp and custody of all your children. You will plead against any visitation rights to your wife,  as she is physically violent towards kids. 
4. For alll that is stated in 2 and 3, you obviously require services of an experienced and competent advocate. I'm willing to handle your matter. So do speak to me over the phone consultation service provided here at kaanoon portal 

1. First of all, NEVER give in to the suicidal thoughts. 
2. You must file a petition before the family court for divorce on the grounds of cruelty. 
3. You must also plead for guardianshp and custody of all your children. You will plead against any visitation rights to your wife,  as she is physically violent towards kids. 
4. For alll that is stated in 2 and 3, you obviously require services of an experienced and competent advocate. I'm willing to handle your matter. So do speak to me over the phone consultation service provided here at kaanoon portal 

You can obtain divorce from her on the ground of cruelty, physical, mental harassment/abuse and neglect, as per the Indian Divorce Act.

Mutual Consent Divorce is possible U/s. 10A (1) of the Indian Divorce Act. By opting for MCD, the couple can save time, money and resolve the problems faced by them amicably, like custody of children, division of assets, etc.

Hi, if you want divorce, then you have to apply for the divorce or else both of you go to family counselor, they will help you to sort out the issue. 

You can take your wife to family counselor for counseling. And try to tell her to perform meditation in a day for 10-15 minutes. Plus for you as well as there are suicidal thoughts running in your mind. 

Fighting legally it will leads to divorce and separation of life.

If you want to stop going through this ordeal for once and ll, I will advise you to prefer a divorce petition on the ground of mental cruelty.

Contact a local lawyer specializing in handling matrimonial cases and file a divorce petition against your wife. 

Look..

You have to decide. 

If you want separation than file divorce otherwise try taking counseling from some recognized councellor. 

Try filing rcr section 9

Dear Sir,

I can take understand your situation. If you are unable to bear the tortures given by your wife then there is only solution is to get divorce by approaching Family Court and also seek child custody if you wish. You have to approach Family Court for divorce on the ground of cruelty and you must have solid evidence if not atleast now onwards collect the same by installing camera.

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How To Get A Divorce In India

http://chaynindia.com/law-divorce/

http://www.divorcelawyers.co.in/how-to-get-a-divorce-in-india/

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 &The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

• Divorce by Mutual Consent
• Contested Divorce

1. 
   Mutual Consent Divorceis a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

1. 
   Contested Divorce
   As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

ANNULMENT OF MARRIAGE:
Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case.

Once annulment is granted by the Indian Court, status of the parties remains as it was prior to the marriage.

VOID MARRIAGE:
There are certain form of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-

1. a) neither party has a spouse living at the time of the marriage
2. b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
3. c) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible with in two to four weeks.

Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only bit of variation.

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

How to file divorce petition by mutual consent? What happens in the court?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

In such circumstances, the court grants no divorce decree.

What can the other partner do under such circumstances?

There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Can the spouse consent for remarriage without getting divorce from existing partner?

Remarriage without getting divorce is a punishable offence with seven years imprisonment.

If either of the spouses is not heard for a long time, should the divorce be applied?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

What are the costs involved in getting divorce by mutual consent?

If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.

But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.

How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

You solution is with the doctor you along with your wife need to visit to a marriage counselor for counselling sessions so that the behavioral problem between both of you can be identified by the counsellor and proper solution may be suggested since you are 13 year married so at this stage in legal solution is not the solution to your problem I wish you good luck for your future

Record all her act. This all is mental cruelty and once you procured good amount of evidences of her cruelty can apply for divorce. Also record her mistreatment with children, will help to claim child custody.  

Dear Sir/Madam,

You are suggested first of all to be mentally and emotionally strong. Further remove any thought of the suicide because this is never a solution to any problem. The solution lies for every problem and that's required to be found out. Since the relatives are not in mood to help out, please try to meet any family counsellor and go for the counselling of wife. 

Please approach family Court seeking Judicial Separation from your wife with prayers to keep your kids with you under the supervision of your parents and other relatives. Please move fast, Court has started working and you may get your case heard on urgent board citing your case as per the post in this forum. 

If you feel that it will no more be feasible to carryout this marital voyage with her you may decide to put an end to this.

You can ask her if she is not willing to continue this married life with you then agree for mutual consent divorce.

If she is not agreeing for mutual consent divorce you can decide about filing a contested divorce on the ground of cruelty.

It may not be possible to continue this torturous life  hence you better decide now or you may have to endure the suffering  which may aggravate in the days to come.

Dear Client,

You may make a video of the same and divorce her if you want on the basis of the cruelty. You may also seek custody of the children on the basis of the video.

You can file a suit for seeking divorce from your wife in case she is mentally harassing you and your family and you think that you can't continue the relationship any further. As it is this is a valid ground for obtaining divorce.

If you don't want separation then you can go for judicial separation by Filing suit against your wife on grounds of mental cruelty against you and physical cruelty against your children.

File a divorce petition on grounds of cruelty and abuse. Record all her illegal acts and omissions. She is a danger to you and the kids.

 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.

- If she is not interested to live with you then take her consent for mutual divorce , and on refusal you can file divorce petition before the family court on the ground of cruelty and above mentioned grounds. 

- Further , you can seek custody of kids as well.