It seems we could not live together. She is not with me since two months. we have a baby of 6 motnhs We do have quarel in our relation ship Being frank, we have difference of thought process there are many things that I can write.
This is not the right time to pursue diovrce until she agrees for mutual. Wait some time otherwise very possibility of false cases on you like dowry demand and domestic violence. Gather evidence of her indifferenceness and reluctance to continue marital life with you.
Firstly, you should try to talk to her for a mutual consent divorce which is the easiest way to get divorce.
If she doesn't agree then you can file for divorce on grounds of cruelty which is a valid ground for divorce under section 13 of Hindu Marriage Act.
In order to prove cruelty in court you would need irrefutable documentary evidence to show that your wife was cruel on you and your family.
1) Best option is to file for divorce by mutual consent
2) if wife refuses File for divorce on grounds of mental cruelty
3) you have to prove allegations made in divorce petition
1.Better to take the Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
Both of you can file a divorce petition before the family court where you reside. It will take six month to get the order. Both of you jointly attend a counselling which is held by the Hon'ble Court.It is not necessary to show the exact reason .
Mear separation of two is not ground for divorce. It is better to go for first the Restitution of Conjugal Rights case, the go for divorce.
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Then you can file a mutual divorce after one year of separation. Other wise any of you can file contested divorce
If this marriage is already an year old, it is open for you to obtain a divorce from your wife.
If your wife too longs for separation, both of you can opt for divorce by mutual consent.
See to divorce her if she agrees you both can apply for mutual divorce in case she does not agree you have to file a contested divorce on ground of cruelty against her under section 13 hindu marriage act in family.
Do not worry as this temporary phase and is likely to go away soon.
After the birth of the child the woman often becomes more sensitive ad insecure. So remain aware of her feelings and try to remove her insecurity and other differences if any.
Give time to her and if possible take her to holiday trip to pass private times together. it often iron out the differences.
Do not think in terms of divorced. Marriage takes lot of time and patience to work out. Remain positive.
Its better to quit in time. If you think it is highly impossible to live n continue with her you may file a petition for divorce thru a goodlawyer.
Both of you may apply for mutual consent divorce which is the fastest and only hassle free process in India to end a strained marriage. It takes 6 months but there has to be a positive agreement on issues of alimony and child custody/visitation rights.
You can ask her that is she agrees for mutual consent divorce then you can apply for it otherwise you may compile the events chronologically that has taken place in your married life, list out the cruelties and file a contested divorce cae on the grounds of cruelties.
Before that you may even check if you can save the marriage by reconciliation with her.