The only case that you can file against her is for dissolution of marriage which will not impair her right to claim maintenance. You are free to file the case at anytime. Everytime is an appropriate time.

1) since bail has been granted to you contest case on merits

2) 498A case take 5 years to be disposed of

3) you have not mentioned whether wife is working or not

4) if wife working not entitled to any maintenance

5) court generally awards around one third in income as maintenance if wife not working

File for divorce on grounds of mental cruelty now

1. Has any maintenance order has been issued against you against her prayer for Rs.30,000/-? If yes, then you can appeal against the said order before the appellate court,

2. If the complaint u/s498A of IPC is proved to be false, you can file a criminal case u/s211 of IPC,

3. You can now file a divorce suit against her on the ground of cruelty and desertion and all the cases can run concurrently.

you should contest against 498 A IPC & 125 crpc on the ground of baseless allegation.

Abandonment cannot be proved because she has been living separately for treatment. it is valid reason for living separately. If she has no medical evidence to prove physical injury she cannot prove beating. If there is communication between you when she went to her parents home you can prove that no mental torture existed.

If you can successfully prove above mentioned facts she cannot claim maintenance under section 125 crpc.

Hi, you can file a divorce petition on the ground of cruelty as far as 498/a and petition under 125 of the Criminal Procedure Code you have to contest the case.

2. As far as 498/a case it is difficult to prove the case and all most all cases are end with acquittal.

3. For maintenance if she is well qualified and she is earning well then she can't claim maintenance form her husband.

You have stated that you have been living separately since Aug-2014 till this date. This is a strong reason for divorce coupled with cruelties namely false cases of dowry harassment and also her mental illness due to which sha has been troubling you with untold tortures.

For the present you do not file any other case against her other than this dicorce case

Let the trial began after which you can decide about further course of legal action on the basis of the status and develpments of the pending cases

1) wife can claim maintenance if you file for divorce .

2) however court while passing orders will consider maintenance passed under section 125 Cr Pc

1.She will be entitled to only one maintenance order,

2. If she claims maintenance against your Divorce suit, inform the Court that she has already applied for and is availing maintenance u/s125 of Cr.P.C.

Filing a divorce case on the grounds of cruelty cannot stop her legally from filing a maintenance case under section 125 cr.p.c., it is her own choice to do whatever she wants to, you cannot put a restriction to it. However you may challenge its maintainability on the grounds which you find to be reasonable and rely upon to repudiate her claim.

She can claim interim maintenance under it as she is not earning.