• Cruelty of wife and child custody

We were married in 2003. Since that day my wife started misbehaving with my parents who were staying with for which they left to our village home within 3 months of marriage.

Our relationship were never smooth because of my wife's abusive behavior to me. We had a girl child in 2004 and soon moved to another city to join my new job. 

in 2006 my wife took the 1.5 year child and left for her parent's house without telling me. She stopped all communications also. I tried to bring her back with the help of my family members, her friends and family etc. but she wouldn't communicate. 

After  6 years, in 2012 I filed a divirce petition on cruelty ground. After she got the court notice she called me and expressed her desire to come back. So I took her back. I don't know what happened to the court case, since we were convinced that this time our relationship will go smoothly.

But she hadn't changed. She abuses me even publicly for the smallest of quarrel. She complaints to the director of the institute (at least 4 times) that I beat her, while it is the other way round, she beats me. 

I want that our child gets both mother and father together. I want that she changes her behavior for the child's sake and we stay peacefully. 

1. Is there any legal way to make her do so?
2. If not, I want to divorce her on cruelty ground and take custody of the child, who is of 10 years now. How do I gather proof of cruelty to convince the court?
3. Our earlier divorce suit is still unclosed. How can I learn its current status and what implications it will have if I file a new case?
Asked 3 years ago in Family Law from Silchar, Assam
Religion: Hindu
1) you cant force your wife to change her behaviour . only remedy is to visit a family counsellor . 

2) maybe your wife needs psychiatrist treatment if she physically assaults you and abuses you at the slightest provocation . 

3) custody of child is generally given to mother . 

4) as far as your earlier divorce case is concerned find out from your lawyer its current status . you cant file fresh case during pendency of earlier case
Ajay Sethi
Advocate, Mumbai
27221 Answers
1480 Consultations
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every thing has to be mutually decided
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Law or lawyers can not change the attitude of your wife towards married life and her behaviour with you which can be done by elders/familiy members/counsellors,

2. You can find about the status of your earlier case from your lawyer. It might have been dismissed for default,

3. For filing fresh divorce case, collect adequate evidence of her misbehaviour or abuses by audio/video recording.
Krishna Kishore Ganguly
Advocate, Kolkata
13560 Answers
291 Consultations
5.0 on 5.0
1. The change of behaviour of your wife is solely in her hand and nobody on earth except she can do something to bring change.

2.He public spat must have many eye witness. Try to rope in them to give testimony in your suit. Electronic proofs are of no help.

3. Your last case must have been dismissed for default by this time. So you have to file fresh suit.
Devajyoti Barman
Advocate, Kolkata
6873 Answers
78 Consultations
4.9 on 5.0

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