file for divorce on grounds of mental cruelty on expiry of one year of marriage 

2) husband abusing wife amounts to mental cruelty 

3) best option is to file for divorce by mutual consent 

4) messages exchanged with husband , call recordings will help you in making out a case 

Keep yourself away from him for three months on one pretext or other and then file a case of divorce thereafter on the grounds of cruelty saying that he keep you away from him on the one pretext or other and some more things that he abuse, manhandle etc and your life has become hell.

1. Your husband seems to have some abnormality which can be cured if you take help of a counselor.

2. The problem is not of much gravity and the same can be cured by proper counselling and by your usual love and affection.

3. Do not file any case as yet as the same would ruin your marriage for good. Rather give your marriage one final try and if it fails then only file the case.

Dear Madam,

- A divorce petition can be filed U/s 13 (ia) (after the solemnization of the marriage, treated the petitioner with
cruelty ) on ground of cruelty.

- Incase husband file divorce case or even in mutual consent petition, it will create many legal hassle for him in terms of alimony and other legal obligations that is the reason husband will not agree to it

- Complaint against him U/s "498 a" of IPC and seek Maintenance 125  of CrPC, both together. 

- Incase there is apprehension or any problem created from In-laws,  you can seek separate house to stay with your husband

- Court will take the cognizance and will help you to sought out the matter either way i.e settle down or divorce.

- Advisable to connect with good lawyer as normal petition of divorce will not help in 11 months period of stay.

Regards

Vivek Arya

visit family counsellor to resolve your differences 

2) if counselling fails file for divorce on grounds of mental cruelty 

Dear Madam,

Dear Madam,

As per Section 13 B (1) of the Hindu marriage Act a divorce petition can be filed after one year of judicial separation. Again they have to undergo a waiting period of six months.

So, it is better to file a DV case against your husband and proform prayer of DV case is follows:

PRAYER

 HENCE THE APPLICANT HUMBLY PRAYS

1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

What are the laws for protection against Domestic Violence?

Women in India which has a patriarchal society have been facing a lot of violence at their homes, particularly, in matrimonial site. Taking the cognizance of the domestic violence, the parliament of India passed section 498A in 1983. This was for the first time domestic violence was recognized as a specific criminal offence. This section deals with cruelty by a husband or his family towards a married woman.

Now, under IPC section 498A, you have protection from four types of cruelties:

• conduct that is likely to drive a woman to suicide,
• conduct which is likely to cause grave injury to the life, limb or health of the woman,
• harassment with the purpose of forcing the woman or her relatives to give some property, or
• Harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

Dowry-related harassment; The law under Section 498A of the Indian Penal Code covers dowry-related harassment as well. If you are being harassed for dowry by in-laws or husband, the provision provides you protection and allows you to go to court to deter this kind of harassment. Though there is specific provision under section 304-B that talks about dowry death; however, you don’t need to wait for that; rather, filing a case under 498A is an apt solution.

When Can You Conclude you is being Facing Cruelty?; You can file a case for cruelty; if,

• Persistent denial of food,
• Insisting on perverse sexual conduct,
• Constantly locking a woman out of the house,
• Denying the woman access to children, thereby causing mental torture,
• Physical violence,
• Taunting, demoralizing and putting down the woman with the intention of causing mental torture,
• Confining the woman at home and not allowing her normal social intercourse,
• Abusing children in their mother’s presence with the intention of causing her mental torture,
• Denying the paternity of the children with the intention of inflicting mental pain upon the mother, and
• Threatening divorce unless dowry is given.

What are Other Laws that Provide Protection against Domestic Violence?; Apart from 498A, the parliament of India also passed the Protection of Women from Domestic Violence Act 2005 to protect women from domestic violence. The law was brought into force by the Indian government from October 26, 2006 and as of November 2007; it has been ratified by four of twenty-eight state governments in India e.g. Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Odisha.

Protection orders – The DVA gives ample opportunities for both parties to put their evidence and once it is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, passes a protection order in favor of the aggrieved person. The order prohibits the respondent from the following acts:

• Committing any acts of domestic violence
• Aiding or abetting in the act of domestic violence
• Entering the place of employment of aggrieved person or if the person is child, its school or any other places
• Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
• Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
• Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
• Committing any other acts specified by the protection officer

Residence orders – Under this option, the magistrate after hearing the both parties and after getting convinced that a domestic violence has taken place passes residence order:

• Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
• Directing the respondent to remove himself from the shared household
• Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
• Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
• Restraining the respondent from renouncing his right in the shared household
• Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

Monetary relief – The third option available for the victim is go to court and ask for monetary relief. The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and child if any. It may include:

• Loss of earnings
• Medical expenses
• Loss caused due to destruction or removal or damage of any property
• Pass order as to maintenance for the aggrieved person as well as her children if any

Husband insulting you in front of other . Doesn't give respect. Refuses to have matrimonial intercourse. and other like comes in the category of mental torture and attract the divorce on the ground of mental cruelty.

Now,

You got to be clear on few things:

1) You want a divorce or not?

2) If yes, contest the divorce on the ground of mental cruelty.

3) If no, ask him to visit a counselor and get thing sorted. 

Yes, don't worry when you will go for a divorce court will give you mandatory six months time for patch up then see what happens, if set right don't proceed or if you find no change then go ahead.

Dear client, 

Mental cruelty is valid ground of diovrce but have to prove it. You can file diovrce on harassment ground. Once it is filed than decide further course of action. Desertion by you for 2 years , not ground for you but for him to seek diovrce. 

Get medical examination of his physical abuse, so that you may have evidence to substantiate your allegations. 

You can file contested Divorce of he is not agreed for mutual Divorce. You can file domestic voilence case. You can also file FIR under 498A IPC. You can file maintenance application under section 125 CRPC as well as domestic voilence case. You can also pray for maintenance under your divorce petition.

you have an option to file Divorce based on the ground of mental cruelty (abuse, beatings, insulting etc)

I suggest you make him ready for the mutual consent divorce but as you already stated he will not be ready for mutual divorce,

therefore,

first of all, 

make a police complaint, file case of Domestic violence, Maintenance, 

then

file Divorce petition based on the ground of mental cruelty (abuse, beatings, insulting etc)

Getting a divorce is like removing a bandaid. Painful but when removed a wound would he healed. The process will require you to visit the court and file a case. If the husband does not agree to divorce then you have to prove your agony in court.

If this is situation than one can go for divorce under Domestic Violence Act.

1. If he is not ready for mutual divorce then you may on your own accord file a petition for divorce on the ground of cruelty. In divorce proceedings cruelty is not to be necessarily proved through strict evidence in the form of video/audio recordings. It can be proved through ocular testimony also.

2. You may also file a DV case to seek maintenance and monetary compensation for the acts of domestic violence/

If you stay away from him for more than two years then you can file a divorce on the grounds of desertion.

In fact you do not have any grounds for divorce in the given situation.

You may even attend a counselling session along with him so that you can get a solution to the present problems that you are facing.

The problems  what you have portrayed here are of petty in nature and nothing abnormal.

If you can understand by giving a patience hearing to all such issues, you may overcome the situation in your favor.

However no one can  force you to live with him if you are not willing to live with him anymore, but remember that the marriage is a sacred institution, hence save it

1. As per the information mentioned in the present query, makes it clear that you have been harassed to the limit of not accepting now anymore, and that is why you have been thinking to give divorce to him.
2. Yes, you can file Domenstic Violance case agaisnt him under DV Act for the protection of the women like you.
3. Under this you may also be allowed maintenance.
4. And for divorce case, you can file it even after the completion of one year as there is no provision to wait till 2 years for filing divorce petition on the ground of cruelity on you.
5. Let me tell you mam that forcefully doing sex with wife is also a recognised ground for divorce as it amounts to physical as well as mental cruelity on a woman.