Proof for taking divorce

I am married for 5 years under Hindu rites. My wife is very abusive since day 1 with me and my family members. This has caused regular arguments in my house. When things get out of hand, she threatens me with lodging false complaint for domestic violence and harassment for dowry. She also warns me for implicating my parents, sisters and their husbands also into it. She is spreading news among the other families of our society that we have been harassing her, so that she can build her case if things go to court. Once she left me for about 1 month and stayed at her parents’ house. Her parents forced her to come back and stay with me. I some audio recordings in which my wife is badly abusing me and my family members and saying very bad things about character and conduct and threatening to file false causes in court and put us in jail if I tell her anything she does not want to hear. Presently we are staying together without any physical relationship. My question is can I use the audio recordings as proof to take divorce from her?

Expert Advice

From what you've mentioned, there's more than enough cause for you to file for divorce immediately without much delay. I would suggest filing an NC with the local police station and the Woman Cell as well as copies to the CWC and the Commissioner of Police to ensure that no authority is mislead by your wife to file any false 498-A against you and/or your family. With reference to your specific question as to validity/use of the recordings as proof, in my opnion, the recordings properly introduced will act as substantial / collaborative evidence towards the acts of cruelty that you may describe in your petition. Best of luck!

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