1. Well it seems that your wife, either on her own accord or under pressure from her parents, has backed out of her promise to file for mutual divorce.

2. You cannot force her to file for divorce. The agreement of mutual divorce, if recorded, is a waste paper now as she has refused to file for mutual divorce

3. You may unilaterally file for divorce on the ground of cruelty, albeit your query does not disclose any instance of cruelty.

4. She has the right to reside in her matrimonial house as long as she remains your lawfully wedded wife.

5. She may file proceedings for domestic violence and dowry harassment against you as retaliation to you filing for divorce.

1. You can file divorce in your city if your wife resided with you therein, albeit she may apply to transfer the case to her city.

2. You can seek divorce on the basis of cruelty as your wife has left your matrimonial company.

3. In spite of you having returned all her items, she may still file the case of domestic violence and dowry. Your guilt or innocence would be judged by the court only at the culmination of the case. If and when she files the counter cases then take bail immediately to avoid going to jail.

1) you can file for divorce in your city if your wife is refusing to file for divorce by mutual consent .

2) you have to make out a case for divorce . you have to prove the allegations made in petition .

3) you can also seek custody of the child .

4) if your wife does not want divorce she may file false cases of DV/49A A to harass you

1) you can file for divorce on grounds of mental cruelty .

2) refusal to stay with husband after marriage amounts to mental cruelty . you can mention in petition that wife left her matrimonial home on her own accord

3) even if you have returned her streedhan your wife can file false cases of domestic violence and seek right to stay in her matrimonial home, maintenance and other reliefs

Hello,

1) It appears that your wife retracted from her promise to file for mutually consented divorce. Even if you had the terms and conditions reduced into writing on a stamp paper it would not have much relevance if she chose to back out. The fact is that even after filing for divorce either of the spouse has the option to back out of the agreement.

2) You can of course file for divorce in your place independently citing cruelty which is a common factor applicable in the current instance.The fact that the wife has refused to live with you is act of cruelty.

3) Despite the fact that you have returned all the jewelry and whatever had been given during the wedding, your wife can as a counter strategy move a petition against you under provisions of Protection of Women against Domestic Violence Act 2005 or dowry harassment under section 498A of IPC.

4) If the above happens you may have to take anticipatory Bail to avoid getting arrested. Contest the case on merit.

1. Your plan for MCD has now been rejected by your wife,

2. You can not force her for giving you divorce,

3. Till she is your wife, she has the right to stay with you at the house where you are staying,

4. However, you can file a divorce case against her on valid grounds like cruelty,

5. She has the right to contest the divorce case filed by you and also can file various cases against you like DV, 498A, maintenance etc.

1. You can file the divorce suit in your city on valid ground,

2. She can file an application before the High Court to shift the said case to her city if both of you live in the same state. If both of live in different states then she shall have to file a case before the Supreme Court for shifting the said case to her city,

3. If she files any case u/s406, then you shall have to submit evidence of return of her Streedhan,

4. Taking/demanding dowry is illegal. Return of dowry taken does not absolve you from the charge of taking dowry,

5. Engagae a local lawyer having expertise in this field.

No one can force to divorce .Mutual divorce must be with mutual consent, when one of the person withdrawn her /his mind for mutual consent even after filing the case, it is not possible to proceed and the divorce can not be granted

You can file the case in the court of family at your place .But when your wife file a transfer petition for her convenience to conduct the case, most probably the court may transfer the case to her city.

Solution

1. You file a divorce petition with the help of a lawyer at your place

2. After filing of divorce petition If needed, file a petition for custody of child

3. Defend the case if your wife filed against you on merit.