What exactly do you want ? Divorce the second wife or change her behavioral approaches to you and your family .

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

If you want to change the behavior then approach a good physiologist and consult for changes in life.

1) you can file for divorce on grounds of mental cruelty

2) audio recordings of wife aggressive behaviour is admissible in evidence

3) you can rely upon counsellor report to show that attempts were made for reconciliation but it failed

4) mutual consent divorce is best option

you can obtain divorce if you are able to prove allegations of mental cruelty made by you in your petition

you have to mention various incidents of mental torture committed by wife and prove it by your testimony

Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other. It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce. It must be more serious than the ordinary wear and tear of a married life. Mental cruelty can certainly be pleaded to claim divorce from the other spouse even if there is no physical cruelty. The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse.

Narrate all the incidents by highlighting the mental cruelty in divorce petition. You can get divorce if you are able to prove allegations of mental cruelty.

1. The report of the counsellor is not binding on the court. If you file a petition for dissolution of your marriage then you will have to prove the grounds urged by you in your petition. Mental cruelty is a ground of divorce but you will have to prove it through your evidence and the evidence of other witnesses, if any.

2. If you file for divorce it is likely that your spouse will hit back by filing cases of dowry harassment against you, in which event you should apply for and obtain anticipatory bail,

1. You can file a divorce petition on the ground of cruelty submitting evidence in support of your allegation,

2. Audio and video recordings are treated as evidence acceptable as per law,

3. Counselor's certificate that you two are not compatible will be of no help to you in seeking divorce since non compatibility is not the acceptable ground for seeking divorce,

4. Before filing the divorce petition, you can negotiate with her for jointly filing a mutual consent divorce petition which will be decided within 6 & 1/2 months from the date of its filing.

1. Yes, if you can prove before the Court that you have been subjected to cruelty by her through her behaviur, you are entitled to seek divorce on the ground of cruelty,

2. You shall have to submit evidence in support of your allegation.