If he doesn't want to give you divorce then you may file a divorce case on grounds of adultery. You must have proof. Desertion can be claimed only after 3 years and only by him as you left  him. He does not have any share or claim to your property movable or immovable.

That can go against you. You cannot have freedom to marey in the future as nobody knows what the future holds for you.

Therefore file a divorce petition on grounds of adultery and cruelty.

In case he doesn't respond or appear you can get ex parte divorce.

Strange you are so worried. 

Just file a small police complaint against him and continue in your life. He will himself beg you to divorce 

1) your husband has no share in property standing in your name 

2) you can file petition for judicial separation if you don’t want divorce 

3) in alternative file for divorce on expiry of one year of marriage on grounds of mental cruelty 

If your husband is not agreeing for mutual consent divorce, you in file for contested divorce on grounds of cruelty and adultery under Section 13 of the Hindu Marriage Act. You would also need irrefutable documentary evidence to prove his adulterous relationship outside of marriage.

He would have no share in your property, but if your income is more than his, he can file for maintenance in Indian Courts.

Alternatively, you can file for a decree of judicial separation. Section 10 of the Hindu Marriage Act, 1955 provides the Judicial Separation for both the spouse, those who are married under the Hindu Marriage Act, 1955. Once a decree for judicial separation is passed, a husband or a wife, whosoever has approached the court, is under no obligation to live with his / her spouse.

Husband can only file for divorce on grounds of desertion after a elapse of period of three years from the date of desertion. 

Yes you are right .You may stay without your cheat husband. 

You may go for legal separation proceedings under section 10 of Hindu Marriage Act 1955.

Next steps is that you may proceed under section 13 ( 1 A) of H M Act 1955.

Thereafter  you may go for divorce under section 13( 1) ( I b ) of Hindu Marriage Act 1955 for the reason that it is not possible to stay with the husband and need permission of the court by way of decree of dissolution of marriage between you and your husband. 

Legal implications are not good.

He may get an order of maintenance from Court under section 24 and 25 of H M Act 1955.

He may declare himself as pauper and unemployed. 

Because of unemployment, he may demand accommodation and hefty maintenance from you.

Therefore your best interest would be to take divorce permanently from him.

You can live separately without much issues. If he sends you desertion notice then you do have option of rejecting his claim and divorce him.

If you go to abroad he cannot do much.

He can't claim it. You can take mutual divorce whenever you want. Legal implications are only that you will not be able to legally marry anyone

He has no claim in your assets neither can claim maintianance from you.

You can live separate as long till he agrees for MCD. Wife cannot be forced to live with husband. And after a year, you can apply for contested divorce.

1. See ge cannot file any charges on you, if he he not ready for mutual divorce you may file for divorce on ground of adultery. Further he has no right on your property though in case he has no source of earning he may claim maintenance from you.

See entering into such agreement in view is of no use as no agreement as in marriage or in regard to marriage is as such valid.

1. If you don't want divorce, you can apply for judicial seperation and live seperately but still your marriage will be subsisting.

2. Since one year of marital life is yet to over, you can consider for Annulment of Marriage based on fraud played on you. After that you will be considered technically as unmarried only.

3. Or after one year of marriage and one year of separation, both can run parallely, opt for Mutual Consent Divorce which is less time consuming and mutually beneficial to both husband and wife. Amicably all the matters regarding assets, finances, alimony, etc can be resolved in a easy way unlike contested divorce.

1. Husband if able bodied has no right of maintenance from wife nor he has any share in her property. 

2. If he doesn't agree for mutual divorce on your terms and you have proof of his adultery then you can file suit for contested divorce. 

3. If parties remain married to each other on paper then both are entitled to inherit from each other. 

So decide accordingly. 

If you plan to file divorce in US court then as per US  law you may have to share the property acquired after your marriage with him if he makes a claim.

However if you plan to file divorce case in India, there is no fear about your property, he cannot claim any share in it whether in India or the property situated in US. 

If you really do not want to continue this marriage then yo can file a contested divorce case after one year in India through a POA agent in India.

You need not have to be present before court on each and every hearing in the divorce case.

If you do not want to file a divorce cae then you can file a judicial separation case  by which you can live separately away from him by a court decree, wherein your marital status will remain same.

Don't take it lightly.  Any delay can create complications at later stage.  Mutual Consent divorce (MCD) decree is the best option.   In MCD a joint petition is drafted on mutual agreed terms by the respective advocates after one year of living separately. But it can't be before the date of hearing. Hence, we may take the date of separation after a week of marriage.  Second petition is filed after six month on order of first petition.  However, SC has settled that if there is a reasonable ground, second motion  can be filed after 15 days.  In this way, you may get MCD decree and the matter is resolved for good.   Other arrangements are not authenticated and just wastage of time and uncertainty.  Think over it.  Good luck.

If you're in India as of now then you can file for Annulment of Marriage which is done with in one year of marriage. And second think you both will be not called as divorcee in the future. 

1. Husband cannot claim any property under the Indian legal framework from his wife, but if divorce takes place abroad then there may be a division of assets in which you may lose a large chunk of your assets. The better option may be to file petition for divorce in India on the ground of cruelty by you if he does not agree to mutual consent divorce.

2. If you just live apart without divorce then no legal implications flow out of it.

Madam,

Some of things are of your personal choice but it is suggested that your husband can't claim your share of properties which you acquire with your earnings. It will be better to wait for one year and then file the case of divorce and then settle the matter in mutual divorce by taking help of mediation of court. 

Dear Ma'am,

1. Collect all the evidences against your husband specially regarding his extra marital relationship. Keep all your chats, call recordings, photos, emails, bills etc safe with you. They will come in handy later in any legal proceeding.

2. After one year you can issue a legal notice calling him to sign the petition for mutual divorce and negotiate the terms of settlement agreement. If he does not agree for mutual divorce you can file a petition for contested divorce on ground of mental cruelty and adultery. 

3. If is qualified and capable of earning, you don't need to pay him a penny. You can buy properties wherever you wish to. They will be your absolute properties. A capable husband is not legally entitled to a share in wife's property as long as she is alive.

4. Based on the facts stated, he cannot file any criminal cases against you.    

5. Legal implications of an agreement to stay separately are:

1. You will not be able to claim any maintenance from him;
2. If you enter into a relationship with another man, your husband can initiate contested divorce of the ground of adultery.    
3. He will continue to remain your husband and upon your demise, he will be entitled to inherit your properties;
4. You cannot remarry.

In the circumstances, the best option would be to obtain a mutual consent divorce. Till then you can separately without any formal agreement. You have a reasonable cause to do so. 

Hope this answer is of some help to you.

Best wishes. 

Go for judicial separation. 

Approach the concerned Family Court with a petition for judicial separation.

Desertion is a ground for divorce; thus if he alleges you of having deserted you, the remedy he has is to seek divore from you. 

- You have two options first file the divorce and second to go for Separation under HMA 1955.

- In case he is not ready to give divorce you can contest it in the court and it is not mandatory for you to travel to India, any of your family members may represent you at the court

- Rest reference to your property, he can not claim it but to harass he may file the case in future which is indirectly maintenance.

Regards

Vivek Arya

Dear Madam,

Mutual Consent divorce is obtained when consent of both are there. If are not coming he may file for restitution of conjugal rights. Then only the question of desertion would come.

husband has no share in wife property, after one year of marriage you can file contested divorce under the grounds of mental cruelty against him. 

1. U can file a divorce case on your husband & provide sufficient evidence of adultery. U will get quick divorce. 

2. Ur husband has no right in your salary, property etc. .& u r not supposed to maintain him so he cannot claim. 

3. He cannot charge u with any false cases in near future. 

4. Before he files any case of desertion it will be advisable that u file d case 1st. 

5. U can file d case soon without waitin for 1 year completion with d ground of cheating or adultery. 

- As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- Further, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.

- Hence, if you buy property , car, etc in abroad or India , then he cannot claim any right over the same , and he cannot claim your property or salary or can file charges against you in future. 

- Further, being his legal wife , you can claim alimony from him . 

1. Yes you are safe in any condition.

2. No he cannot claim your property and he can only claim maintenance if he is physically unfit to earn for himself other wise he can't even take a penny from you. 

3. No need to make agreement for living separately for that you also need to file suit for judicial separation against your husband.