1) you can rely upon audio recordings to make out a case for mental cruelty 

2) 6 months cooling period is mandatory in divorce by mutual consent 

3) don’t file any other case on your spouse and in laws 

1. Apart from divorce you have every right of criminal or civil cases against wife and in-laws. If there is physical assault your can criminal complaint under section 323 if there is grievous hurt you can 325, if cheated you can file section 425, if defamted you can file section 500.
2. Conversion between wife and husband is privileged it cannot be made public but it can be produced in Court as proof against wife. All electronic evidence is now admissible in Court as evidence.
3. There is no need to wait any more. Divorce can be filed after one year of marriage, that is the only condition.

Dear Querist

As per your queries my opinion is as under: -

1. Besides divorce case, can I file any other case on my spouse and in-laws, as they harassed mentally & physically and I have proofs. 


Opinion: - Yes, you may file a criminal complaint against them before the magistrate court if they threatened to you for false implication, if there is any cognizable offence committed by them then FIR can also be registered against them before police.


2. If I make a voice recording (of a conversation between me and my wife) public, can she use it against me legally in any way ? Fyi, The content of that recording reveals how bad her attitude was, when she was with me.


Opinion: - Voice recording of you and your wife should not be public otherwise she may file a criminal case against you for the offence of defamation with I T Act cases.


3. Since we are already living separately for 2 years, do we still need to wait for another 6 months to get a divorce (in case of mutually consented)

Opinion:- If both of you are ready to go for mutual consent under section 13(B) of Hindu Marriage Act-1955, then you may get the divorce within 15-20 days. The cooling period of six months shall be waived off.


Feel Free to Call

1.  What is the proof you have if you propose to file a criminal complaint agaisnt them?

Without any authenticated or substantial documentary evidence the police will not entertain any complaint.

It would  be better that you pursue the divorce cae properly.

2. The voice recording or the video recording are not admissible as primary evidence before court of law, you may have to obtain a certificate under section 65B of the Indian evidence act in order to establish the said evidence before court during the trial proceedings of a particular case.

3. The mandatory requirement is to wait for 6 months after filing the divorce on the grounds of mutual consent, however after 15 days, you both can file a joint affidavit requesting the court to waive the 6 months waiting period.  

Dear client,

Yes, you may file a different case for mental/physical harassment, since it is seperate from your divorce case. You can submit the voice recording as evidence, however if you make it public, it will neither help your case nor hers. In case of mutually consented divorce, divorce can be obtained within a short span of 1-2 months as well. 

Thank you. 

1. You can file for mental harassment 

2. No. If its truth

3. You can waive the 6 months period by requesting court

Hello,

1. It is not advisable to file any other case now as it will be construed as vendetta and besides the scope of fing any case is extremely limited with no advantage to you.
2. She can press charges of defamation against you as what's you publish is part of private conversation and in the recording made without her consent.
3. If you happen to file a mutually consented petition for divorce, you can seek excemption of the 6 months cooling period by moving an application before the same court.

- As per Supreme Court judgment, 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, under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.

- Since, you have already filed the divorce case then you can take these grounds in your favour for getting divorce

- Further, as you are already separated for last 2 years , then this separation can also used for getting mutual divorce if she agree for the same. 

You can contact me , if further suggestion needed. 

Since you are living separate for the last 2 years, second motion can be filed within 15 days of passing the first motion. 

1) don’t send any audio recordings to her relatives 

2) alimony is at discretion of court .it depends upon your income ,wife income ,standard of living 

3) no need to bow down to pressure tactics 

Dear client,

This approach can be termed as blackmail, and can be used against you in the court. 

Thank you.

1. You can use those evidence in support of your ground you have forwarded for seeking decree of divorce.

2. If some or any of those recorded acts of wife attracts any section mentioned in the Indian Penal Code, then you can file police complaint against her and seek registration of FIR against her.

3. Ordinarily, MCD case is disposed of within 6 & 1/2 months from the date of its filing.

1. You can use these evidence  in support of your grounds for seeking the decree of divorce.

2. Using such recorded evidences are the Standard Operating Procedure for seeking the Decree of Divorce on the ground of cruelty. 

You can do anything to do legal settlement with him 

Nobody can stop you from what you intend to do.

You can adopt whatever strategy you may feel it necessary as per the circumstances. 

If you want to inform her relatives about her demand for huge sum of alimony or any other acts of cruelty, you can do so, however bear it in mind that the said evidences are not admissible in court of law as primary evidence.

- Legally , you can send the said recording after informing her , however such recordings are admissible in evidence in the court.