File restitution of conjugal rights, the moment she files false cases file 340 crpc against her

See firstly you can lodge a police complaint stating your wife and his family are intimidating you for false case and false allegation your wife by own will left you and is leaving separately from 6 months.

Also you can firstly send her a restoration of marriage notice if on that she fails to come you have to file a RCR before the family court.

In case she files false cases by levelling false allegation you need to take anticipatory bail and further file quashing before high court on ground allegations are false.

Hi,

First of all you are suggested to file a case under section 9 of Hindu marriage Act for restitution of conjugal rights asking him to return to matrimonial home. Clearly mention in this petition that she is under influence of her parents and relatives who don't want that this married life should go smoothly. Under influence she is threatening for false cases. As a married wife, it is her duty to perform matrimonial obligation and to return to matrimonial home. Please note that it will a shield to their false and wild allegations and also in her false cases. If she files false cases, first take bail and then go for quashing. It is possible that divorce will occur at that stage. If the proceedings goes in Women cell of police before FIR, try for divorce there itself.

1. if you want to remain in the matrimonial relationship, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

1. if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

(don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.)

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

1.  Create documentary evidence that he has left you.  AFTER one year of separation /abandoning, you can file "Divorce proceedings" in your local Family Court.  File multiple NC in local police station, that wife is not traceable etc.... and create documentary evidence.

2. Let time fly and become one year of such separation /abandoning and THEN issue legal notice for Divorce.  Till then maintain cool and do not give any opportunity to them to file any case on you, since it would destroy your life & career and would result in arrest, bail and court cases, legal fees, frustration.

1.The first step has to be to decide whether you wish to continue the marriage or dissolve it. If you decide to go for dissolution of marriage then you are free to file a petition to this end on the ground of cruelty in the competent court. Contested divorce is never smooth, it is more often than not turbulent. Go for mutual consent divorce if you want to do it smoothly.

2. If she files 498A then apply for anticipatory bail. Thereafter, 498A and DV cases can be contested on merits.

In event wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

2) you can issue legal notice to wife to return to her matrimonial home 

3) if she refuses file for divorce on grounds of mental cruelty 

4) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

1) First you make complaint in nearest police station in the women's cell that wife has left the matrimonial house, wife left cruelty and deserted husband from last 6 months. Request wife to return matrimonial home back in the police station.

2) If you have not take dowry than not to worry about 498a case. For DV act she is not staying with you, how she can complaints about before 6 months what happened? You need to cross questions to their all false allegations.

Do you have any audio recordings that wife wants to stay separate for 3 years for her studies

2) any messages exchanged with wife wherein she said she wants to stay separate for 3 years 

3) if so file for divorce on grounds of mental cruelty 

4) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Yes, you can get divorce on not staying in matrimonial home and want pursue her education and career. Do on desertion ground you can get divorce.

See though just based on education ground you cannot seek divorce but since your wife is staying separately she can complete education at your place also she has intentionally deserted you you can apply for divorce on ground of cruelty.

Hi,

You are suggested to put all these points in your petition for restitution of conjugal rights so that it comes to the knowledge of court and then their action can be termed as counter blast. You are also suggested to preserve the said bank transactions in order to protect yourself from her false allegations of dowry demand, domestic violence etc. 

If you want smooth divorce then the only remedy is mutual consent divorce. In contested divorce there are allegations and counter allegations and it is dirty.

You need to immediately take Anticipatory Bail / Bail as applicable.

Since you have relevant details to support your case, it will be to your benefit.

You can issue notice to your wife to come and join your matrimonial house to lead matrimonial life.

If she fails, file for divorce, denial of family life amounts to cruelty.  You are entitled for divorce under the same.  Further, you have supporting payment details to counter 498-A / DVC which may be filed by her.

- Wife Living Separately From Husband Without Any Reason Can’t Get Maintenance , and further this is a good ground for getting divorce from the court of law.

- Further, a wife cannot force her husband to live separate from her in-laws as per law.

- Since, she is not interested to live with you, then you should send her a legal notice to join the matrimonial life.

- If, within 7 days of time , she not respose , then you file a case for Restitution of Conjugal right , on the ground fo the said legal notice.

- If, she will not appear before the court , then you will get ex-parte judgement in your favour within a period of 2 to 3 months , and further she cannot claim maintenance /allimony from you. 

- Further, you can also lodge a complaint with the local police , after informing that ,your wife has left you without any reasonable cause , and now she is threating to implicate me and my family in false cases of dowry, and also to extort money , hence if she files or lodge any complaint , then me and my family members will not be resposible for the same. 

- Dont ask for the consequences for future cases filed by , just follow the above to remove your problems.

Good luck and dont forget to rating Positively.

Dear Sir,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.

 The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

1. Safeguard yourself, your parents and your relatives.
   1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
   2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
   3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
   4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
   5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
   6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
   7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

You need to take anticipatory bail. You may have to  give maintenance if court orders

 you should record threatening of wife and her brotther and register an NC with the police. The police may not file FIR based on your NC but you never know the police, if they register an FIR under Section 498A IPC, you must apply anticipatory bail to avoid arrest and thereafter wait for the police to file charge sheet and then contest the case and show her threatening as evidence at the time of trial along with other evidences if any showing her cruel nature.

you can file divorce on grounds of Mental creulty. 

you can also file Section 9 RCR.

Dear sir,

IF your wife resists you cannot get divorce so easily. It is better to file RCR and after getting such decree you may file divorce petition after expiry of one year from the date of such decree.

_________________________

You should file divorce petition on ground of non consummation of marriage and mental cruelty by wife and her family.

If they later files case like 498A and DV you can defend yourself by tendering the divorce petition in your defence that they have filed the cases just to counter the case of divorce.

If she is not willing to give mutual consent divorce then you may have to file a contested divorce only provided the situation is intolerable anymore.

If she is lodging a criminal complaint under section 498a, you may obtain AB and challenge her false cases in the trial proceedings.

Similarly you may challenge her DVC and maintenance case also on merits in your side during trial proceedings.

You dont get frightened by their threats, let them pose any amount of threat or mount pressures on you, if the efforts to peace talks fail, you may proceed as per law.

The contested divorce will not be in a smooth manner.

If she is not agreeing for mutual consent divorce you may have to file a contested divorce on the grounds of cruelty.

Their intention is not to allow her to live with you anymore, the post graduation is a pretext by which they are now avoiding her to live with you, hence you may proceed as per law, let them go ahead with their plans for false cases agaisnt you, the same can be challenged properly on merits and documentary evidences in your support.