Yes you may involve the police to arrive to an agreement in this regard to pass the stipulated time to file a petition for the judicial separation and divorce.

You may decide other terms and condition for both the parties to follow.

1) jwellery is your stridhan . you are entitled to leave your matrimonial home with your jwellery , your clothes and other personal articles

2)send email to husband that it is better we opt for divorce by mutual consent on account of irreconcilable differences

3) you can also send a letter in local police station in this regard

in your earlier query you have stated that you are working women and want a divorce

2) in your latest query your gender has changed and it appears that you want a divorce but wife does not want to do so

3) please note that contested divorce cases take 5 years to be disposed of

4) mutual consent 6 months

5) pending divorce wife has right to stay in her matrimonial home

6) since custody of child is with you not necessary for you to seek child custody . if wife wants child custody she would have to apply to family court in this regard

In the first thread you say you are a woman and in the second you are a man. Which one do you want us to respond to?

Hello,

You may give an application with regards to this in the nearest police station and then may move out.

Subsequently after moving out you can file a case of divorce and may be after receiving the notice he will come down to settle for mutual divorce.

At this point of time you may convert your divorce case into a contested divorce case and then can separate mutually.

Regards

In this condition you should move a petition before the family court under Section 10 of the Hindu Marriage Act for judicial separation. You should mention in the petition that you would not allege any allegation against the husband because you both are decided to procedure for judicial separation on mutual consent. When your husband  is ready for mutual consent divorce then the family court has power to convert This petition for judicial separation into mutual consent divorce under section 13b of the Hindu Marriage Act. If you move out after filing that petition under section 10 then you husband cannot make any allegation against you because the facts of the case has come under the cognizance of the family court.

Go to the Mahila Thana and move an application saying that owing to the tremendous violence that you are facing at the hands of your husband and in-laws, you are forced to move out of the matrimonial house and reside separately.

This application should serve your purpose.

Take a reeving against this intimation/letter.

It has been upheld in a couple of judgements that wife cannot forcefully enter the matrimonial house if divorce petition on the grounds of cruelty are pending against her.

Moreover, the Supreme Court has recently held that 'Courts cannot force the husband to keep his wife', as it asked a man to deposit 10lakh as interim maintenance for his estranged wife and upkeep of their son. Thus, as long as you are supporting/maintaining her to the extent that she is able to manage a separate accommodation for her, you cannot be forced to keep her with you.

Move an application under section 26 HMA and seek an order as to status quo, so that during pendency of the divorce case, your custody upon your child is not disturbed.

You have not mentioned an reason to quit this married life with him.

Presuming it to be due to cruelties, you may file one as a contested divorce if he is agreeing for mutual consent divorce.

Since you do not want to file any criminal case against him, there is no need to approach mahila thana

In this case, I am not sure what will be action of local police, I am worried as you know it's india, so easy for girls to create a trap.

Another question I have is about child custody, should I ask for custody first or should wait for my wife to turn up in court regarding this. I want to keep child with me. What is the possibility that i will be able to get child custody?

Just to add, my wife is a house wife, had two divorce before this marriage and due to her nature, even after staying in her parents city, she hardly get any support by her parents.

You do not have to file child custody case since the child is in yor custody alone.

If she is not vacating he house, then the police also cannot help you in this regard

Since the divorce case is going on you may politely inform her that it is not good for her to stay in this house, if she is not willing to get out of this house, you may vacate the house and look for some other place

You can be separated from him apply for divorce in court and he can not take any hasty steps against you