1. refusal to stay with the parents is a ground of divorce,

2. since all cases are already pending and she is earning double than you, therefore, from the available facts, no risk is visible,

3. if you want to end the matrimonial relationship, proceed for the DIVORCE,

There shall be no risk .

You can withdraw the RCR and file contested divorce petition on ground of cruelty.

Hi

There would be some advantages only rather than any risk.

Like, for filing a divorce case, one requires strong grounds on which he/she can get the divorce. In your case, your wife have already given some strong grounds to you to file divorce by filing all the cases she could against you.

You can simply go on the track that she is harassing you and dnt want to live with u which is simply proven by all the cases she hv filed....

Thank You 

You have to withdraw RCR case filed by you and then file for divorce 

2) since your wife refuses to stay with you it makes no sense in continuing with RCR case 

1. You can withdraw the conjugal rights petition and can file petition for divorce on ground of cruelty against wife she as such there is no risk though the burden shall be upon you to prove her cruelty before the court.

You can file divorce on grounds of cruelty. You may get the same along with other cases

If she is not ready to live with your parents in the matrimonial house than on this ground you can file divorce. 

There is nothing wrong in case you don't see any result in RCR and do not press or withdraw the case.

You may file divorce petition and at the same time you may file writ petition in high court for quashing the any fir against you.

The court may in case not quashing the FIR may put stay on arrest.

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, if 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.

- Since,she has already told that she dont want to live with you & your parents, hence you can file a divorce petition against her after withdrawing the RCR petition from the court. 

- You should withdraw RCR petition after moving an application on the ground that due to refusal her , you are going to file a divorce petition and seek opportunity for filing the same. 

There are specific risks involved in filing for divorce case against her if you do not want to continue your relationship with her filing of false cases against husband and inlaws amounts to cruelty and is a valid ground for divorce under section 13 of Hindu Marriage Act. Also the fact that she  stated that she does not want to live with you anymore would be helpful in getting a decree of divorce but the proceedings of mediation cannot be used in court as they are confidential in nature and cannot be used in evidence. 

There is no question of advantage or disadvantage in this.

If you feel that it will not be possible to live together with her anymore, then you may better decide to dissolve the marriage by a decree of divorce  but before that withdraw the RCR case.

Hello

1.You have good grounds to file divorce and if she has refused to stay with you and your parents

2. If she has filed reply in your restitution of  conjural rights case. That has to be studied and examined carefully.

3. All the files and reply's filed by her have to studied carefully before filing Divorce petition

Court should grant you decree of divorce based on these grounds.

1. There is no such risk involved at this stage when all the cases have already been filed against you and currently pending.

2. Advantage is that you may reach mutual consent divorce after some time and mediation. 

case of RCR under section 9 of hindu marriage act can be withdrawed by filing an application at any stage as dismissed as withdrawan. Fresh case of divorce can be filed on any grounds . 

1. If the RCR case is at an advanced stage and the relief of maintenance has not been granted by the court to her in DV case then it will not be wise to withdraw RCR.

2. Ultimately if RCR is allowed and it is disobeyed then you can file for divorce after a year or on a fresh ground before a year.

Dear Sir,

It is better to file divorce case as you have so many grounds to prove.

India grants divorce to man whose wife refused to live with in-laws. India's supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband's family.

You have filed 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 you 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.

1. she can file any case as she likes
   this RCR will dilute the seriousness of her cases
   3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

• You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.