1) You can file cruelty and deserted case against her and providing false information against her parents that daughter is not mentally fit to do day today transcations etc.

2) Meanwhile if case is went in court kindly do visit family counselor.

1. Talk to your wife in person or take her to a holiday trip. If you spend private time with her then differences may be sorted out.

2. it is essential that you make her understand that no marriage survives on regular fights and false accusations

3. It is important to understand her problem , if any, so the same can not be addressed.

4. If in spite of your repeated attempts she remains adamant in her baseless demands then go for mutual divorce or contested divorce as the situation calls for.

1. You have to firstly decide what you want. If you want to dissolve the marriage then a petition for divorce can be filed by you on the ground of cruelty under Hindu Marriage Act.

2. Your wife will most likely hit back by filing a complaint under 498A and also DV Act. You should apply for anticipatory bail when 498A is filed. 

3. Custody of child can also be sought by you by filing a petition under Guardians and Wards Act.

Visit marriage counsellor with your wife 

2) consult a psychiatrist as to wife has any mental problems 

3) for sake of your young child try to reconcile 

4) if reconciliation fails file for divorce on grounds of mental cruelty 

5) wife accusing husband of having extra marital affair amounts to mental cruelty and is ground for divorce 

You can file a divorce in family court. If she is not ready for divorce with mutual consent then you need to file contested Divorce

See firstly it would be advisable to take her to pshyciatrist and get her counselling done if any mental issue is reported then same would be helpful and may be she can be treated of same.

Secondly if she is ready to live with you prepare an agreement now stating that there was no cruelty no dowry demand and she left on her own now peacefully want to reside with you.

If after that she creates a scene you can file a divorce on ground of cruelty against your wife and can seek divorce.

Dear Sir,

Please see following FAQs:

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

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.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that. 

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

 7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

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.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC  in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR? 

Ans: It is Restitution of Conjugal Rights filed under section  9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

It may be time for Marriage Counseling,Marriage counseling can help you rebuild your relationship. Or decide that you'll both be better off if you split up. Either way, marriage counseling can help you understand your relationship better and make well-thought-out decisions.

1. As per the information mentioned in the present query, makes it clear that you have been going through a phase which is extremely painful to you.
2. It is true that she wants to live with you and you also, but as explained by you she has been doing this because of her some mental illness.
3. I advice you to think for the child and your future, but at the same time I would say that try to get something in writing from her and her family member that she won’t be doing all such things again in future.
4. And don’t forget to put each and every incident on the paper, so that in future if she happens to do anything legal against you then you should also have something to surpass her complaints and everything.

The police complaint to live with you is not maintainable.

You may refuse to accede to their request.

Let she realize and come back to normal, after that you can plan further.

In the circumstances of your case, it is better to talk to your wife and reconcile with each other, instead of opting for a divorce.

When you say that she has lodged a Complaint, before whom has it been lodged? 

Either ways, your wife seems to be looking at separating you from your parents and family, if you are living with them. So it is necessary you handle this situation tactfully and cautiously.  

If she wants to stay together, say that you are willing to take her back, subject to certain terms and conditions.  Accordingly, draw up Consent Terms before the concerned authority, highlighting all her drawbacks,  and live separately from your family for the time being, with no contact between your wife and them.  That would ensure that your family is spared from whatever allegations that may arise in the future. 

Use the time you staying with your wife to collect evidences of her behaviour, her harassment to you etc.  Record it somehow that all her belongings and gifts received in marriage were handed back to her parents.