File for divorce on grounds of mental cruelty 

2) wife refusing to stay with husband Amoy re ti mental cruelty and is ground for divorce 

Picking up quarrels over premarriage affairs frequently and creating troubles over that issue despite the problem of having solved earlier is nothing but an act of cruelty. 

If she is not cooperating to lead a happy life with you it may be because of her pestering parents who would be the chief reason for her this type of hostile and arrogant behavior. 

The more you come down,  the more she will climb the top. 

You may decide to live separately away from her temporarily for a period of six months and wait for the changes to take place. 

If there is no change in her behavior even after that you may decide about about further course of action whether to continue or break this marital relationship. 

1. This is not a case for divorce nor it will help you resolve the greater issue of raising the child properly.

2. Rather involve neutral family elders to broker peace.

3. Keep patience and see that good sense prevails on her. 

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, as per law, the past relationship cannot be a ground for filing any case against husband , and her said acts can be considered as cruelty. 

- Further, mother is first guardian to take care of an infant child , and hence she cannot refuse for the same. 

- You can talk with her , if she is not interested to live with you then take her consent for mutual divorce , and if refused then file contested divorce 

- However, you are suggested to resolve the issues with her with the support of some another family members.

You can file a petition under section 9 of Hindu Marriage Act within your juridical Family Court and get orders from the Court to make your wife live and reside along with you. (Note - to do so you have to establish a prima facie case in your favour and also have to prove in court that your wife has deserted you without any reason).

SECTION 9 OF HINDU MARRIAGE ACT- It deals with Restitution of Conjucal Rights- which means that if either of the spouse has deserted another without any reasonable excuse, the aggreived party may approach court for a decree of restitution of conjucal rights.

Matrimonial life is a long, hard journey which calls for understanding, sacrifice and compromise from both partners. These are common issues faced by working couples now-a-days. Both of you need to discuss the issues and sort them out in the interest of your child. Do not let any third party intervene. Better find solutions than indulge in blame games. Good luck.

Dear client, try to resolve the issue by taking with her amicably. You have to be with your child at this age. If the issues are not resolving you can file an application for judicial seperation for living apart for some time or can get divorce under mental cruelty.

you ou want to file divorce on ground of cruelty then you can proceed 

Greetings. There are two ways to tackle this situation.

1. you can file for custody of the child under the Hindu Minority and Guardianship Act 1956.

2. You can file for restitution of conjugal rights under the Hindu Marriage Act 1955.

If you do not want to pursue the matter through the courts I would suggest you to settle the matter through mediation with the intervention of respectables of the society. 

I would be happy to answer any further questions that you have.

hope that i have answered to your satisfaction.

Dear Client,

In this complex situation, it is important to approach it with sensitivity and understanding. Here are some steps you can consider taking to address the issues in your marriage:

Communication and Counseling

• Initiate a calm and honest conversation with your wife to understand her concerns and express your own feelings
• Consider seeking professional help from a marriage counselor to facilitate communication and resolve conflicts effectively.

1.  

Involving Family Support:

1. 
   Family Mediation:

   • Consider involving a neutral family member or mediator to help facilitate discussions and find common ground.

2. 
   Seeking Support:

   • Encourage both sets of parents to support a healthy resolution rather than exacerbating the conflict.

If you are satisfied with the reply, kindly give a 5 star rating.

Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.

I am sorry to hear that you are facing such issues. Doubt is very destructive in a relationship. It's important to have an open and honest conversation with your partner regarding what happened in the past, it will not contribute positively to your married life. had life been that simple enough, why would we be facing challenges at all?

You think if she had loved you, none of this would have happened. You choose to see it from your point of view which is understandable. Discovering that you were having previous love/ sex history with someone else can be a traumatic experience, and it's understandable that she may be feeling hurt, angry, and betrayed which she could not have resist or open up during the initial stage of marriage. It's important to prioritize well-being and emotional health during this time.

If you want to work on your relationship with your wife, it's important to communicate openly and honestly about your feelings. Let your wife know how her actions have affected you and what you need in order to move forward and set clear boundaries with your wife regarding what is and isn't acceptable behavior. If you choose to work on your relationship, make sure that your wife is willing to take responsibility for her actions and work towards rebuilding trust.

Very first step is to get her to acknowledge that something is missing, and your concerns are valid. You have to learn to make her empathize with you. Explain how you feel and ask her if she thinks this is fair. If you think she will go into defence mode impulsively, tell her that you don't want an answer. That you just want her to think about it. Tell her that you want to make it work, but that this is not enough and that you expect more from her. There is a chance that none of this will work. If that's the case, you may need to get used to a loveless marriage or get a divorce. Honestly, I feel sorry for you, but you don't deserve this. It breaks my heart to see a fellow human deprived of the joys of having a spouse who loves them the same. Maybe it is because I see a lot of my younger self in you. I honestly hope the best for you. so:

Consider counseling: If you and your wife want to work on your relationship, consider couples counseling. A trained therapist can help you and your wife communicate effectively and work through any underlying issues that may have contributed to the infidelity. Sit down as a couple and if it is with a marriage counsellor, it might help as you can have an independent view of things.

Take time to reflect: Consider what you want for your future and whether or not she is willing to work on your relationship. It's important to make a decision that feels right for both of you keeping the interest and well-being of the child onboard.

Don't blame each-other: It's important to remember that your wife's behaviour may be some situation based or due to strong interference of her parents in the marriage. Ultimately, the decision about what to do with your marriage is up to you and your wife, and it's important to make a decision that feels right for both of you.

Wouldn’t you want to know if your wife wants to continue in this marriage or not? Why she keeps away from you and why she doesn’t want intimacy or dont want to leave her job? why she is not ready to come back? any triggering issues? Any emotional triggers from your past relationship/ life ?- these questions need to be answered,

so that both of you as mature adults can priorities what’s important and either work together for the marriage or move on with your lives going separate.

she has to recognize that all that has happened is a matter of past and if you are fully emotionally, physically, financially and in all other aspect, are honestly committed to her in the relationship, she should come to you and explain whatever problems persist and resolve mutually.

Here, she may be worried about the financial independence, or she want some form of freedom in the married life and in the present patriarchal society the fabrics of responsibilities are still around the girl. so, both of you have to communicate with yourself and each-other. Try a fresh with focus on the present and try to build a more transparent and communicative relationship in the present. Take this opportunity to work together and strengthen your marriage.

Try to follow these commandment answers for a lifetime of happiness and harmony:

1. What are your personal values and beliefs?
2. How do you envision our roles and responsibilities within the marriage?
3. How do you envision the role of family in our relationship?
4. What are your career aspirations, and how do you plan to achieve them?
5. How do you handle stress or challenges in life?
6. How do you handle conflicts or disagreements in a relationship?
7. How do you manage finances and plan for the future?
8. What are your hobbies and interests outside of work?
9. How do you prioritize spending time with family and friends?
10. What are your expectations regarding communication and openness in our relationship?
11. What are your religious or cultural beliefs, and how do they influence your life?
12. How do you see our relationship evolving over time, and what are your thoughts on starting a family?
13. Are there any specific values or traditions that are important to you, and how do you envision incorporating them into our lives together?
14. How do you prioritize personal growth and self-improvement in a relationship?
15. How do you maintain a healthy work-life balance?
16. How do you express love and affection in a relationship?
17. How do you handle differences in opinions or cultural backgrounds?
18. What are your expectations regarding household chores and responsibilities?
19. How do you balance personal space and time with family responsibilities?
20. What are your views on gender equality and mutual respect in marriage?
21. How do you envision supporting each other through life's ups and downs?

And if all this failed, then proceed for initiating a case for restitution of Conjugal rights u/s 9 of HMA. and if, despite of the court order, she submit or not willing to conjugate, file a divorce case and denial of the conjugal rights would be a very valid grounds for divorce, which might be without paying any maintenance too.

The procedure for filing a case u/s 9 of HMA for conjugal rights is:

• file a petition in the district court. The format of such petition is available on the internet. This can be transferred by application to the High Court or Supreme Court as well.
• Upon such filing, a copy of the petition should be sent to the respondent- wife along with the date of hearing from the district court. The date is generally after 3 months of filing the petition.
• Both parties are to be present at the date of hearing. If both parties are not present, the court gives another date.
• The next step is that of counseling/mediation sent by the court-It is done by the family court, as provided for in the Family Courts Act. This takes approximately 4 months.

Once the application back to court on grounds that mediation has failed.

• The suit will continue, and the respondent-wife is required to give her ‘counter’ to the husband’s application. Oral arguments will proceed to dispose of the interim petitions first and pass the interim order.
• Once this is done with, the proceedings for restitution of conjugal rights begin. The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination.
• Final arguments take place next, where both the parties represent their version of facts, cite any relevant judgments, and ultimately pray for relief from the Judge.

• Based on the counseling, statements made and the conduct of the parties, the judge accordingly grants the decree.
• to ensure execution, there is an attachment of the Respondent’s property to it, as per Order21 Rule 32 of the Code of Civil Procedure. The rule says that where the party against whom a decree for restitution of conjugal rights, has been passed, and has had an opportunity of obeying the decree and has willfully failed to obey it the decree may be enforced by attachment of his property. Upon passing of such decree, the law provides for a minimum of one year beyond which other remedies lie.

the Bombay High Court has held that denying intercourse to the spouse for a long period of time will amount to cruelty and will be ground for divorce. Similarly, the Supreme Court has also said that if a spouse does not allow the partner to have intercourse for a long time, without sufficient reason, it amounts to mental cruelty, upholding a verdict of the Madras High Court to grant a divorce to a man. Thus, a husband, wherein is denied conjugal rights by the wife, can file for divorce, without the remedy of restitution of rights. The procedure of the case will then proceed on the lines of a divorce proceeding. Husband can file for it under the ground of desertion, if the time lapse is satisfied, and there is a reason to believe that the spouses may reconcile. 

Husband may file for judicial separation/ or for divorce on the ground of cruelty.

Custody of the child custody of a child below 5 years is given to mother only, if available so in your case she may get custody. so she may file for maintenance and since child rearing is a shared responsibility, you can challenge, and counter based on her earning and financial strength.

later on, you may apply for child custody. 

The divorce must be used as matter of last resort. 

Looking at your case, this is a classic case where your wife has made her mind of getting seperated from you. 

It is advisable to approach her for mutual divorce and that is the only way possible to keep your life at peace.