the divorce case can be filed against her for not living with you without any reasonable cause. you can file an RCR application and she can be summoned. if you don't want to live with her any longer then after the [peroiod of 1 year you can file a divorce petition.

regards

I must add that being pregnant does not mean that she has a strong case.she can file false charges as is often done by wives but you should be prepared for that. she cannot compel you to live with her unless you cannot prove that you are the guilty party in the relationship.

Hello,

the mutual divorce can be filed agtwr 1 year of marriage. If she files any case then you may challenge the proceedings in the hc.

best will be that you two agree for mutual consent divorce.

get in touch if some help is required.

regards

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

2) wife abusing husband amounts to mental cruelty 

3)you have to prove allegations made in divorce petition 

4)if wife files false dowry harassment apply for and obtain anticipatory bail from sessions court 

5)you cannot be forced to stay with your wife 

If you wish to continue with your wife then you can send a notice under restitution of conjugal rights to come back to back to have matrimonial house and in case she do not respond to the notice then you can file a petition under section 9 of Hindu Marriage Act for restoration of conjugal rights also you are going to complete six month of separation period and you will be eligible for applying a divorce petition even if it is not unusual ground in that case your divorce petition will be contestable and you will have date after six month of your divorce filing

See you need to file a divorce on ground of cruelty against her under section 13 of hindu marriage act after completion of a year of marriage if she is not agreeing for the mutual divorce. Further this contested divorce take time and you need to prove the charges before the court. 

Further in case if she files any false case the onus is on her to prove. Further false charges amount to cruelty which is ground of divorce. 

She cannot compel to live together she can just seek maintenance for herself and child born out of relationship. In contested divorce you need to prove cruelty.

1. If mutual divorce is not possible then filing contested divorce suit on the ground of cruelty is only option.

2. So you can also file such suit in which if you manage to prove her acts of mental cruelty then on proof of your allegations the court can grant a decree of divorce.

3. This is has nothing to do with her filing of DV case of case u/s 498A as in such event you will have to contest the case as per its merit. 

4. The fact of pregnancy does not alter the merit of the case though it may get some empathy from the court.

1) If she has left the matrimonial house by her own wish than you can apply for cruelty and deserted case against her and get divorce.

1.kindly approach your area PS with a normal written complaint stating the facts and file a NC application. 

2.you can file Restitution of conjugal rights section 9 HMA case against your wife. 

3.after section 9 case if she refuse to stay with you as this itself will sufficient ground for divorce which will be proved by section 9 case that she is staying away with you without any reasonable cause . a ground for divorce under Hindu marriage act. 

No you can file a contested divorce if she is not agreeing to mutual divorce. She can't compel you.

Dear Sir,

Please see following FAQs:

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

======================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Monthly maintenance is awarded during the pendency of case. She is entitled for one only.

2.What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

If she is not agreeing for Divorce by mutual Consent, you will need to file a Petition before the Court for dissolving your marriage on the ground of cruelty. 

She may file false criminal cases against you but unless and until she is able to substantiate the same, she will not be able to implicate you. This process may take years though

These charges dont automatically amount to Divorce.  If she is unable to prove those charges though, it becomes another strong ground for Divorce for you. 

She may file Restitution of Conjugal Rights to harass you, but no one can compel you to stay with her. 

If she is pregnant, it may reflect badly on you if you seek Divorce during that time.  

you cannot file a divorce case within one year from the date of marriage.

You can file a contested divorce on the grounds of cruelty after one year of marriage especially if she declines to agree for mutual consent divorce.

She may even retaliate with false dowry demand and DV cases against you to wreak vengeance.

Her pregnancy may draw sympathy and she may take advantage 

1. Issue asap a legal notice to her to state that she has withdrawn from conjugal life and taken her articles, else you will face hassles in securing anticipatory bail as and when she files 498A.

2. You are free to file for divorce on the ground of cruelty if she does not agree to Mutual consent. 

3. The question of proving or disproving charges arises only when the trial commences, not before.

Apply for a divorce from her on the ground of mental cruelty.

In case she is bent upon filing false and fabricated cases against you, nothing holds back her from doing so. Having said that, in 498a cases, there is no more routine and mechanical arrests and yes, she will definitely have to prove all what she alleges against you.

In case she is not ready for a mutual divorce, I will suggest you to go ahead and file  a case of contested divorce against her.