You can file for divorce on grounds of mental cruelty 

2) rely upon messages exchanged with wife wherein she has refused to stay with you 

3) in case wife files  claim for maintenance take the plea  that she is working and can maintain herself 

4) if there is not much difference in your income she would not get maintenance 

5)  in case wife files 498 A case apply for and obtain AB from sessions court 

Dear Sir,

Yes, you can file divorce on the ground of mental cruelty 

In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided:

• The message is not hearsay; it was received by you.
• The phone has not been tampered with and has been in regular use.
• The message was sent by the person alleged to have sent it.
• The sender intended to send it.

As stated by others, the message would be subject to the same tests as documents otherwise admissible are subjected to.

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
   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.

Electronic evidence is admissible as an evudenev in the court

Contents need to be reviewed before answering specifically

. 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,
also once you file contested divorce she will surely 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

She can apply for divorce or wait for one more year and try reconciliation. 2 years continuous desertion, ground of divorce.

It is her right to apply for maintenance but wife deserted husband not entitle to maintenance. And keep recording her mes and calls that she herself have left you and not due to domestic violence or/and dowry demand. Good evidence of your innocence if 498a case filed. 

Her earning status will also examine by court while deciding her maintenance application.

You can file divorce petition based on the cruelty and at the evidence stage you can provide the evidence available in form of WhatsApp chat and telephone call recordings it is admissible in court

File a divorce petition in the family court. She is not entitled to maintenance as she is earning. She will file for maintenance but she won't get anything as she is earning.

Grounds for divorce should be cruelty and leaving you without any sufficient cause.

For this you should also file a rcr application. She will not come and you can show this to the court.

1. On the ground of mental cruelty one can file suit for divorce at any point of time and the raising of unfounded allegations like what you have said.

2. However filing of divorce suit is no shield from 125 crpc case or case u/s 498A .

3. Those cases can be filed by your wife whether you file divorce suit or not.

Yes it's admissible and the same needs to be proved along with 65b certificate in the court

Though the whatsApp and the phone call recording may not constitute for an admissible evidence in court of law, you can make the same in the pleadings stating that she had behaved in this manner and had categorically stated her unwillingness to live with you anymore or continue the married life etc., You can confirm this information/pleading by producing the whatsapp messages through her at the time of cross examining her and if she admits then it can be marked as your side exhibit 

The criminal cases under section 125 cr.p.c. and 498a may not have an impact by this.

Dear Sir,

It is suggested that you go for section 9 case initially because she may file false criminal cases of dowry demand etc. In that situation, your section 9 case will be your defence apart from the messages mentioned by you. Then you may divorce case later on. 

1. You are at liberty to file a petition for dissolution of marriage on the ground of cruelty.

2. However, nothing can prevent your wife from filing 498A and 125 Cr.P.C. If and when 498A is filed then apply for and obtain anticipatory bail immediately.

3. Preserve all social media communication to prove your innocence.

See you can file divorce on ground of mental cruelty , your wife is earning so in case she file for maintenance you can contest same. 

Fir thee singh your wife is reading separate from last one year and no case is filed and subsequent to.divorce if she files FIR for 498a and under other section you can file quashing before high court singh the FIR is false.and after thought.

Section 125 (4), CrPC states, "No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

1. Yes you can directly file Divorce on ground of mental cruelty.

2. Whatsapp chats and recordings can be used as evidence in court to prove your case. 

3. Divorce on ground of mental cruelty cannot save you from maintenance under section 125 CrPC But it can save you from 498A case.