Hello,

Best will be to talk to her and file a case for mutual consent divorce. 
otherwise wait for sometime and let things dilute and then file divorce case. 
it might happen that after you file the case, she files other false cases on you to extract money from you.

Regards

Hi

File R.C.R first.

She will refuse. 

You get one more ground to get divorced 

Then file divorce 

Thanks 

See if you want to seek divorce from.your wife it is better to file divorce on ground of.cruelty stating that she is not coming back after several reminders also harassing you for money.

In my view filing a divorce case directly is better option based on these facts.

1. The dispute with your wife does not appear to be too serious. So go and stay with your wife for sometime.

2. iI this is not possible then take her too some holiday destination and stay with her. This often resolves the dispute between the parties.

3. If everything fails then ask for mutual divorce and even this fails then file contested suit for divorce. 

You shouldn't file anything like s.9 otherwise she will file a complaint under false charges u/s 498A [deleted]/4 dp act....proforma sections nowadays.

Try to obtain her salary slip. Engage a private detective for this.

Also wait for her to do something.

You can file for divorce now too. But mental cruelty is hard to prove especially for the husband.

If the situation is intolerable then you can very well go ahead with the proposed divorce case itself instead of taking a round about route.

You can file a contested divorce case on the grounds of cruelty  if she is not agreeing for mutual consent divorce without any condition, 

RCR is useless 

2) it takes 5 years to be disposed of 

3) better file for divorce on grounds of mental cruelty if wife refuses to stay with you inspite of repeated requests 

4) no need to bow down to her black mail tactics 

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 3-5 years in the trial court,

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 

The Family/Trial Court can direct parties to furnish detailed affidavits regarding their income, expenditure, Assets, and liabilities in terms of direction laid by the Hon’ble High Court of Delhi in the case titled “Kusum Sharma Vs Mahinder Kumar Sharma”

therefore, simply file an application to submit the affidavit is sufficient and she will be forced to submit all financial detail in an EXACT manner.

Dear Sir,

However, you may be troubled much by her, it is legally suggested to go for case under section 9  and then for divorce.

Filing of Sec.9 i.e., RCR is more of a Divorce petition, at the end of the conclusion, it leads to divorce i.e., you may have to spend quality time of around 3 to 5 years minimum. 

It is better to go for Divorce under cruelty etc., meanwhile before filing divorce petition collate as much information, proofs & evidence of cruelty by your wife

 it will be good to file section 9 for restoration of conjugal rights and as soon as you get the degree from the court and your wife do not follow the orders of the court you can file divorce petition.

 The process of divorce proceeding will definitely take place and you have to appear before the mediation in case there is any maintenance case for her maintenance in that case you have to produce the evidence that she is working and getting sufficient salary for her maintenance

Record her demands and than apply for divorce. Such demands are mental cruelty and ground of divorce. No need of sec 9.

Recordings will be best defense in case she files false case.

You need to contest the case you don't have any remedy. You can file divorce if you desire to or also RCR Petition if you want to get her back in your life

1. It will be better for you to file divorce case directly without involving in the process of section 9 as it can give time to them for Filing cases against you. 

2. Filing of divorce petition first will help you defend yourself in case she files false cases against you. 

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony.