We've been (arranged)married 8 months. Violence started on the 4th day of marriage, courtesy - his mother. I overheard their conversation and hence, damn sure. He calls his mother and sister 10-15 times a day, and not a single call to me. Physical torture continued along with verbal for 2 months before my parents intervened. After that there was only mental torture by him and his mother and sister. Calling me all sorts of names, using abusive language for me and my parents, shouting at the top of lungs had become a norm. Each time his mother or sister would visit us, there would be a massive fight. Please note not once any of these fights was initiated by me. It was always either him or his mother. Sometimes, they wouldn't even wait for me to wake up or finish eating to start a fight. Alleged reasons were - My parents didn't give enough money or gold or I dared to express an opinion that was different than his or his mother's, or sometimes when I refused to make some household expenditure for lack of funds. The difference in our incomes' is more than 70k. he earns over 1lac a month and my salary- 30k, can maintain the household all by himself but he makes me spend more than half of mysalary on household needs so I have nothing left at my disposal. He neither buys me any clothes or any personal stuff nor lets me buy any.
Skipping to today - 3 days back, he brutally hit me in public, dragged me by hair, abused me on the road. I was so disturbed in head I tried to jump out of moving car to put this all to an end. And all this for what - I told him I cannot make the EMI of his home loan this month since I had other unusual expenditures, told him what all. And I had taken a snapshot from his phone of a chat between him and a girl. We've previously had fights over this girl. I told him I'm not comfortable with the way you talk to her, like inviting her over whenever I'm not in town, telling her each and ever detail of his life which he doesn't even share with me.
Now I have decided I can't take this anymore and need to take a legal action. I can't live with this kind of person. I left the city the same evening without informing him and came to my parent's house. I had called 100 to report the incident. But I was advised by them to do it from my parents' town as it'll be easier for us. I need some clarifications on the following:
1. Since there has been physical and mental torture, I believe 498a is applicable. But I'm not sure if I should go for it since I don't have any witnesses or evidence to prove it. What kind of evidence do you give in these cases? I had no idea things would get so bad. Now If I invoke 498a and cant prove it, what effect will it have on the subsequent divorce?
2. I very much want to include his mother and sister in this. They are the ones who misguide him. His sister sends her latest news on divorce, while we haven't yet said the word 'divorce' till date.I have overheard their telephonic conversation wherein my MIL was instigating him against me, she does that in front of me as well to make him quarrel with me. Now the question is - Is there any kind of extra evidence needed to include them? His sister lives 20 mins away from us. While his mother lives in a town 2 hours away but she visits at least once a month.
3. I do not have any evidence of physical violence it happened when we are home alone barring the last time when it was in public. Random public won't be of any help. I can't call them as witnesses. But yes, the previous times he hit me, there were some scars on my face which my colleagues saw and now also, I have some bruises.
4. I don't want to accuse him of adultery for it's a very serious allegation and I don't have enough evidence to prove it. How do I still use this against him?
Please advise what should I do in this situation.