You are at liberty  to stay separate 

2) you can take the plea that you are unable to stay with your husband as you were victim of domestic violence 

There is no law that you are compelled to stay with him but its ideal that if you get married and there is no issues from husband or in-laws you stay with him. He can only file restitution of conjugal rights petition before family court if you are wilfully not staying with him without any harassment from him

You can obtain decree for judicial separation under Section 13A of Hindu Marriage Act, 1955. You are allowed to live separate from husband. For you knowledge I forwarding the provisions of law in you favor. You can make use of whatever is required. You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.
5. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

Well,  there is no law which forces a spouse to live with another.  However on this basis one can get decree of restitution of conjugal rights but again that can not be executed. 

Dear Maam,

1) No there is no necessity or requirement for you to live with husband.

2) But husband has right to file for restitution of conjugal rights(RCR) if you are living seperatley without any reason. But the court cannot force you to live togeather.

3) You can file suit for judicial separation or under domestic violence act if your husband files case of RCR.

Thank you

Only if you have abandoned him/got separated from him without any just and sufficient cause, he can agitate against you under law; and not otherwise.

Since you have ditched him, I am presuming him that you are a victim of domestic abuse at his hands; and in such a scenario, it is advisable that you file the relevant case against him, including a police complaint reporting the abuse/cruelty to which you have been subjected..

You cannot be forced by your husband to live with him together against your willingness.

Where did he make this complaint?

No authority  or law enforcing agency can force you to live with him against your willingness even if he makes a complaint to this effect.

No such complaint is maintainable in law. 

it is perfectly fine live separately.

There is absolutely no law to force anybody to live anybody. Even SC can not do it.

Even if he files RCR case and wins order then also you can not be forced to live with him.

You can contest his case/complaint informing domestic violence.

But ultimately you have to make your mind.

If you dont want to give divorce so he can not remarry then you can do it.

But he will file Divorce case then you have to contest it and delay it.

If you are earning good enough then no need to file DV case asking maintenance, residence order etc else you can opt for it. 

1. Not staying with husband is not a crime at all and you have full right to stay away from him.

2. However, he can file a  Restitution of Conjugal Rights case against you seeking direction upon you to join him which you mat not comply with and if you do not join him even after receiving Court order, he can file divorce suit against you for deserting him. The whole process will take at least 4 years to be completed.

3.   It now appears that your husband now wants to keep in record that you have left him from a particular date for filing divorce suit later on.

- Legally police cannot force you to live with your husband on his compliant . 

- Further if you are not interested to live with him then , you can take his consent for mutual divorce on your conditions . 

- Otherwise, if he not agree , then you can file divorce petition against him . 

There is no provision that says that you have to compulsorily live with him. He can at best file a rcr application for you to come back and youbhave to give adequate reasons for not cooperating. Even if you don't have reasons then too you cannot be compelled.

You are free to live separately for as long as you want. No complaint is maintainable.