Criminal and divorce case

Aftab Shaikh (Querist) 26 November 2015 This query is : Resolved
Respected Sir,In this case a Man and his wife have marital dispute, they have a girl child and the Man wants to divorce his wife due to her violent, abusive and immoral nature. (Audio Proof, Phone Recording available) They both stayed in a rented house near the locality where Man’s mother resides. The man is presently not staying with the wife as he wants to divorce her and is staying in his sister’s house in the same locality, the Wife is staying with her 6 year old daughter in the rented house where both Man and wife stayed.
Few days back when the Man was at his mother’s house which is owned by his mother, the Man’s Wife came, abused the man, the mother in filthy language, threatened to kill herself and her daughter several times and threatened to put the entire family behind bars by killing herself and her daughter, demanded that the Man transfers his Mother’s House in the name of his daughter(so that as a guardian Wife can Take control of the property till the child turns 18 years)then only she will go from there, she said she had eaten pills the previous day (attempted suicide). There is 30 minutes audio recording of the entire episode, one of the lines the Wife said to her 6 year old daughter is “ Babu agar mai aapko train ke saamne fek do to aapko dard nahi hoga na”, the daughter said ‘Hoga”, then Wife said “ agar mai aapko medicine deke maar doon to aapko dard nahin hoga na, inko nahin hoga, yeh to pura din apni maa and aur behno ki **** mein Ghuse rehte hain” in another sentence while discussing the custody of the child the Wife is saying ”mai bacchi ka murder kardoongi par tumhare haat nahin lagne doongi”
The wife in the entire audio of 30 minutes is abusing and threatening. Wife even called the police who took wifes side and threatened the Man, at that time the Man did not know that the other children in the house were recording, he came to know in the night when he came back from Police station.
Now the Man doesn’t want to go to police and wants to file a private complaint on the basis of the audio recording and phone call recording, the query is:
1. Should the Man and hisMother file two separate complaint to the Magistrate or both of them should file a single petition jointly. The sections that are made out are of IPC 182,323,352,504,506 Part 2,509,309,451 and Section 23 of Juvenile justice act.
2. Can the same audio recording be used for filing divorce petition also.
I know the facts of this query is quite lengthy, Please guide, Thank You in advance.

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