1) sell flat standing in your name

2) your father can keep his flat as wife cannot claim any share in the said flat

3) dont file section 9 petition for restitution of conjugal rights as you dont want to stay with your wife

4) best option is for divorce by mutual consent

5) if wife does not agree then file for contested divorce on grounds of mental cruelty

6) wife refusing to stay with husband amounts to mental cruelty

7) court would direct you to pay around Rs 20000 as maintenance for wife and child

1. Yes, if you are interested in bringing her back then you can file RCR. There is no harm in it.

2. If your wife is unemployed then she get 25% of your income as recently decided by the supreme court.

3. If the flat remains in your name then your wife can file case under PWDV Act for her residence in the said flat.

4. You can make online search of the name of lawyers.

1) maintenance would be around 25 %to 30%of your salary after taxes

2) even after divorce you have to pay her maintenance till she remarries

3) if wife is working court would consider her income while determining maintenance payable by you

1. you can file RCR under section 9 of the Hindu marriage act.

2. her demand is illegitimate and the supreme court has held that all such type of demand constitute matrimonial cruelty and it is a ground of divorce under section 13.

3. if you take divorce on the ground of wife's cruelty then nominal maintenance shall be awarded by the court because it is your wife's fault for which divorce is decreed.

4. a guilty party cannot claim full maintenance.

During divorce proceeding you wife is entitled to monthly maintenance.

Even without filung divorce suit wife can claim maintenance in dv CASE OR CASE U/S125 CRPC.

1. Section 9 can help to maintain maintenance if wife does not resume cohabitation even after a favourable decree is passed in favour of husband.

2. You are also free to apply for divorce.

3. Ordinarily, maintenance is 1/3rd of the net income of husband, but this is not a cast iron rule. If you can prove that your wife has stopped cohabitation without a sufficient cause then you may altogether repel her claim to maintenance.

Dear Querist

if you want to file the divorce case then first of all you have to pay a minimum amount of Rs. 11,000/- to her by way of D.D. on the first date of hearing the court pass an order for the amount and then issue summon to her.

if she is working then she is not entitle to get any maintenance but you have to pay the maintenance to child which will be 1/4 or 1/3 of your income or the expenses of the child if she claim the same.

she may file an application U/s24 of Hindu marriage Act-1955.

apart from the above application, she may file a domestic violence case against you and your family and claim protection, right to residence, monetary relief, child custody and compensation u/s 17,18,19,20,21 & 22 of protection of women from Domestic Violence Act-2005.

she may also file a petition U/s 125 of Cr.P.C. and claim maintenance for herself and for the child.

the property in the name of your father or mother can not be claimed by her as she has no right over those property.

but if you have a property then she can not claim any share but she may claim right to residence.

You parents, in whose name the property is registered, they may file a civil suit for injunction against her to enter in their property before civil court along with an application Under order 39 Rule 1 & 2 of CPC and claim restrain order.

Feel Free to Call

Please suggest what I can do is Section 9 is helpful???

If you do not her to come back to you then what is the use of filing a petition under section 9 of HMA seeking restitution of conjugal rights.

You can issue a legal notice to her telling that she left the matrimonial home on so and so date and has not returned to the matrimonial home and that she has abandoned the matrimonial home permanently without any valid reason hence she should either return to the matrimonial home within 15 days of receipt of this notice or can express her willingness to file a mutual consent divorce to dissolve the marriage by a decree of divorce, if she is not responding then you would initiate proper legal action as per law in this regard.

Also if I file Divorce then as I am earning around 70K per month and if I consider her Post graduate non-working how Much MAX Maintenance court will instruct me to pay her & baby during Divorce.

You can repudiate her claim for maintenance if she files one, but please remember that you may have to pay maintenance amount for the minor baby.

And what should I do with my Flat (Home Loan)

And My Dads Flat (which is on Home Loan)

She cannot claim a share in your property during your lifetime.

1) Interim Divorce Maintenance i need to give her - 1/3 or 1/4 of my salary?????????

There is no yardstick to measure the quantum of maintenance amount, it depends on how she proves your income and how you defend your interests in it.

or

2) After Divorce I need to Bear Maintenance of 1/3 or 1/4 of My Salary?????????

Again, after divorce, she has to apply for alimony which can be challenged by you as per law.