You can file contested divorce against her on grounds of cruelty

1. You can apply for Restitution of Conjugal Rights and if your wife does not join you based on favourable decree on your side, the refusal to join you can itself be a ground for you to obtain divorce from her.

2.  Alternatively you can file for divorce based on the ground of physical and mental cruelty.

3.  If you do not want to obtain divorce in a contested way, you can convince your wife to agree for Mutual Consent Divorce which is less time consuming.

4. Let  you convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 5.  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.

6.  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.

7. 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.

Hi 

It appears that the marriage is non consummated and that wide has deserted the husband. 

Also it appears that reconciliation efforts has failed. 

You should decide now whether you wish to continue in the marriage or seek divorce. 

So, in accordance to your decision , You have two options:

Option 1:

1) If you wish to continue in the marriage, you should file a restitution of conjugal rights petition (sec 9 of hindu marriage act),

2) The court shall initiate reconciliation proceedings through district legal services authority and pass orders for restitution of conjugal rights. 

3) Now if the wife does not join the husband even after restitution of conjugal rights, even after 1 year from date of order, the husband is entitled for divorce . 

Option 2:

1) File for divorce under section 13 of hindu marriage act.

2) The court shall initiate reconciliation proceedings through district legal services authority and if reconciliation fails, then court will  pass orders on divorce 

The difference between Option 1 and 2  is that by filing of Restitution of conjugal rights petition, the husband can use the said application in his defense  if any Dowry or domestic violence case is filed against him by wife and show that he was always interested in saving the marriage and whereas wife has been making false allegations. 

Hope this information is useful. 

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,

once you file contested divorce she may 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 

File for divorce on grounds of mental cruelty 

2) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

1. If you wish to file for divorce then you are free to file petition on the ground of mental cruelty.

2. In the given scenario, a legal notice may be served to her first.

3. You may also file Section 9 petition against her to seek restitution of conjugal rights.

Dear Sir,

You are suggested to first of all to have mental courage and decide that you have to leave alone for some time and she can't come forward with you in journey of life. So, start legal process of calling her by sending a legal notice to her. If she does not come, file the case of restitution of conjugal rights against her. Also send the informatory application to police authorities that you are facing threat of false cases under women oriented laws and you should be given sufficient time to put your version before taking any action against you. The said informatory application may be sent just after sending the legal notice. 

File section 9 RCR to bring her back. She will deny and you will get grounds for divorce.

Than file 13A HMA for divorce. 

If you can convince her for mutual consent (13B HMA) that would be the easiest way out. 

1. No marriage can survive without consummation and you did a mistake at the first place in insisting upon this. 

2. Now it's a year since she is separated with no sign of coming back. 

3. In that circumstances i find little scope for working this marriage out. 

4. So talk to her and ask for mutual divorce on payment of permanent alimony. 

5. On refusal you can file suit for contested divorce or wait for her consent. 

Good luck. 

Hello,

File a case for restitution of conjugal rights

Regards.

Ans: If your differences and disputes are not coming to an end, you should consider getting a divorce from your wife. 

Ask her if she is ready for mutual divorce then file proceedings in the court for mutual divorce.

If you feel that this situation has given beyond the tolerance level and there is no point of use in continuing this relationship you may resort to legal action in this regard.

First you may issue a legal notice demanding her to return to ther matrimonial home and rejoin you becasue it is more than one year ever since she deserted the matrimonial home voluntarily on her own without any valid reasons.

You can also mention that if she is not willing to return and do not want to continue the broken marital relationship, then she may be insisted to agree for mutual consent divorce without any conditions.

You can state that if she is not responding or fail to comply with the instructions/demands made in the legal notice within a stipulated time, you would be constrained to proceed with legal action agaisnt her to file a contested divorce case on the grounds of cruelty and desertion for which she would be implicated for the costs and consequences. 

As a retaliation she may try to initiate legal actions with false criminal complaints of dowry harassment and DV cases, which you may have to confront.

You may take precautionary measures in that event.

- 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 is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- And further , Supreme Court in a matter of Vidhya Viswanathan vs. Kartik Balakrishnan , AIR 2015 SCC 285 has held that , Not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, amounts mental cruelty to such spouse, and also a ground for divorce. 

- If you want to continue with her , then you can send her a legal notice , and ask her to join the matrimonial life .

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

- Further , if you dont want to continue with her , then the easiest & shortest way to get decree of divorce from the court is Mutual divorce, i.e you should take her consent of your file to file a mutual divorce petition. 

- If, she is not ready for mutual divorce then you should file a Divorce petition on the ground of cruelty as i mention above .

- However, you can also lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.

If there not substantial differences in your incomes  wife would not get any maintenance 

2) take the defence that wife is highly qualified and working as doctor 

 Normally the maintenance amount will be 1/4 of your monthly income, and the factors of her monthly income, changes in the financial status and perquisites before and after applying for divorce, educational qualification, profession, etc will be taken into account for deciding the maintenance amount to be paid to the spouse.

Since she is well placed professionally she is not entitled to maintenance at all. 

Go along with family and friends and talk to her parents directly. If they are not interested then file a divorce petition on grounds of cruelty and non consummation of marriage.

If she is employed she is not entitled to maintenance. Doctors are not dependents.

In this scenario the one time settlement amount may be near to something like 10 lakhs approx (Rough Idea).

You need to go for divorce on grounds of cruelty. Being doctor she will not be granted maintenance. Fees depends on lawyer to lawyer and can't be quoted

- As per Delhi High Court and Madhya Pradesh High Court judgement , A professionally qualified wife is not entitled to get any maintenance and should work and earn.

- Further, as per law, A husband cannot claim any right over the earnings of his wife , but if the husband is not having any source of income or his income is not sufficient for his maintenance , then a husband can also claim maintenance from his wife under section 24 of Hindu Marriage Act.

- If , your income is much higher than her , then even she is not eligible to get maintenance from you , as law is clear that a working wife can claim maintenance from her husband , if her income is not sufficient her maintenance. 

Good luck and dont forget to rating Positively. 

Reply has already posted above .

If she is employed and drawing a handsome salary income or if she derives  a good income out of her assets or if she earns a handsome income through her profession, she may not be eligible for maintenance  but the burden to prove the same will lie on you in order to refuse maintenance to her.

Dear Sir,

If she is qualified enough and earning, then the maintenance amount will be almost nil. However, the maintenance in any case should not be more than 22% of your income. 

Respected sir...

There are several cases in which we find such kind of problems as told by you ...sir you have all legal rights to go legally ...but make it clear that your legal action must be took prior to her ...sir there are two kinds of Divorce process..

1. First is Divorce under section 13-A of Hindu marriage act which is contested divorce in that you have to prove ground that you have already...
2. In second type is divorce by mutual consent that is done if both parties are ready to divorce..in this alimony is also decided by you...

If she is working as a doctor you need only to prove that she is getting healthy income you will not have to give any kind of maintenance to her..

Thank you

You are entitled to file for divorce on the ground of mental cruelty.

If a spouse avoids to have physical intimacy it amounts to mental cruelty on the aggrieved, as such, on the said ground you can file for divorce.

As she is qualified and working as Doctor, she will not be entitled to maintenance i.e., if there is substantial difference between income of both of you.

You may have to pay alimony to her. 

Best option is to go for Mutual Consent Divorce, if it is possible, which can be got between six months to one year.

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.

She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

1.A wife who is earning sufficiently and is able to maintain herself from her own earnings, is not entitled to claim maintenance.

2. The onus will be on you to prove she is earning.

3. Maintenance is calculated by the court after factoring in husband's net income, his liabilities. wife's income (if she is earning) and lifestyle led by wife before separation. Ordinarily, it is 1/3rd of his net income after deducting liabilities.

1. See in case she has left you and she is not coming back in that case you can file for divorce on ground of cruelty against her. 

In case she is working and qualified you can contest the maintenance application if any filed by her.

Ans: The quantum of maintenance is absolutely at the discretion of the court, it cannot be told to you in advance. 

1. You should first file RCR petition under section 9 of Hindu Marriage act to make efforts if you want your wife to comeback.

2. If you don't want to settle with your wife then file divorce petition on ground of mental cruelty which was caused due to no physical relationship and not living with you from last 1 year.

3. You cannot take dissertion as ground for divorce because dissertion period should be minimum 2 years and you should also be prepared for counter cases like DV, Maintenance and Police complaint.

4. You may not have to pay maintenance because your wife is already earning as she is a doctor and working with private hospital.

1. As per the information mentioned in the present query, makes it clear that there is no intimacy for last more than 6 months at least.
2. I would like to apprise you that after completion of one year of the marriage, either party can file the divorce on various grounds.
3. You can go for not having physical for last 6 months as that amounts to cruelty on you and you can very well get the divorce.
4. You will not have to give any alimony to her if you happen to get divorce on cruelty and she is already not fit for maintenance as she has been well qualified and earning too.

Dear Sir,

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.

1. she can file any case as she likes
2. 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.

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.