Mutually means agreement to her demands. It’s better you contest the case and don’t pay her alimony. You can also file custody case for your children 

1)?no need to go down to pressure, tactics,

2) refuse to make the payment demanded by your wife.

3) You should contest the false cases filed by your wife

4) file for divorce on grounds of mental cruelty

5) Wife Abusing husband amounts to mental cruelty

6) why refusing to have sex amounts to mental cruelty 

Settling the dispute mutually depends on meeting of both minds. If this does not happen then the dispute is to be resolved through adjudicatory process.

If cases are not having enough merit then you should contest those on respective merit .

Since marital rape is not recognised yet , it is not maintainable in your case. Therefore, you can initiate appropriate proceeding to quash this charge. 

As such there is no need or requirement to sent notice calling for mutual divorce as mutual divorce happens by mutual agreement of parties and not by notice. IPC is now not in force however no case of rape is made out.  Demand of 1.5 is illegal and unjustified. File divorce case and also claim custody of child. Allegations are required to be contested. Consult a competent lawyer and act under his guidance. 

Pls under stand that for this to be resolved mutually, her consensus is also needed. 

You have to strongly contest the false and naslwad cases filed by you. You/your parents should also file counter cases against her. File a divorce petition on the ground if cruelty as you’ve been denied physical relationship. Filing counter cases will balance the pressure; and eventually, sooner or later all of this will get resolved mutually 

1. You first need to defend yourself in the false cases before thinking of divorce. As per facts of your case, mutual consent divorce is out of question. You have to petition the family court for divorce (contested obvious) 
2. All litigations, ie family court petitions, criminal cases and dv petitions,  petitions for maintenance can continue simultaneously, or you can file family court petitions after defending yourself successfully in the other criminal cases and dv petitions. 
3. I'm willing to defend you in dv, criminal and maintenance petitions if any, lodged by your spouse. I'm willing to advice and plead family court petitions too,, as your counsel. 
4. I require exhaustive consultation session with you first. You have to visit me for such consultation. 
5. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

You need to fight on merit, there is no shortcut solution. Rape charge will not stand as marital rape is not yet an offence in India. 

If the demands are not possible to be met then you drop the idea of mutual consent divorce and think about filing a contested divorce case on the grounds of cruelty.

The false DV case especially involving your mother and others amounts to cruelty 

Her allegations like rape or other charges have to be proved by her which you can challenge it properly in the trial proceedings.

You don't have to budge to her pressure of huge demand for money.

You may discuss at length with an experienced lawyer in the local and proceed as suggested.

allegations of DV and rape are false, consider filing a counter-complaint and gather evidence to support your defense.

Document any instances where your wife uses your child as leverage, as custody will be a key issue in divorce proceedings..

Explore mediation to resolve disputes amicably, focusing on financial and custody matters..

If threatened by false cases, seek anticipatory bail or protective measures through the court..

Your situation involves serious legal issues, including false allegations and disputes over divorce terms. Here’s a detailed response addressing your concerns and providing guidance:

1. False Allegations of Rape (Section 376 IPC):

• Legal Strategy:
  False allegations of marital rape or other criminal charges must be handled with strong evidence and legal representation. Collect and preserve any evidence that can refute her claims, such as:

  • Communication records (messages, emails).
  • Witnesses or testimonies from individuals aware of your relationship dynamic.
  • Proof of separate behaviour or actions inconsistent with her accusations.

• File for Quashing of FIR:
  If an FIR has been lodged, you can approach the High Court under Section 482 of the CrPC to quash it, provided you have evidence to prove it is a false and malicious case.

• Defamation Suit:
  If you can conclusively prove the allegations are baseless, you may consider filing a defamation suit to protect your reputation.

2. False Domestic Violence Case:

• Defend Against DV Allegations:

  • Highlight that your parents did not stay with you and provide evidence to refute any claims of harassment or abuse by them.
  • Demonstrate that the allegations are being used as leverage in the divorce settlement.

• Respond Legally:
  File a detailed reply to the DV case, along with evidence such as witnesses, photographs, or proof of separate residence.

3. Child Custody and Welfare:

• Focus on Child’s Best Interest:
  Courts prioritize the child’s welfare in custody matters. Highlight your ability to provide a stable and nurturing environment for your child, especially if your wife’s behavior is detrimental.

• Visitation Rights:
  If custody is not granted, ensure you have clear visitation rights or shared custody arrangements.

4. Divorce and Settlement:

• Mutual Settlement Negotiation:

  • Engage a mediator to negotiate a reasonable settlement amount. Emphasize your financial limitations and provide proof of your income and liabilities.
  • If your wife continues to demand an exorbitant amount, focus on contesting the divorce based on evidence of cruelty and desertion.

• File for Contested Divorce:
  If mutual divorce negotiations fail, file for divorce on grounds of cruelty (mental and emotional). Your wife’s behaviour, including false allegations and refusal of physical intimacy for years, may strengthen your case.

5. Living in the Same Flat:

• 
  Seek Separate Accommodation:
  If possible, move out to avoid further conflicts and accusations. Alternatively, file for an injunction preventing harassment within the shared residence.

6. Next Steps:

• Engage a Lawyer:
  Hire a competent lawyer experienced in matrimonial and criminal law. They can help strategize and draft responses to the cases against you.

• Collect Evidence:
  Compile all relevant evidence, including financial records, proof of separate residence for your parents, and any evidence that disproves her allegations.

• Stay Calm and Composed:
  False allegations can be distressing, but remaining calm and responding methodically is crucial. Avoid direct confrontations with your wife.

If you need detailed guidance or legal representation, you can book a consultation to discuss your case further and devise a robust strategy to protect your rights and reputation.

- As per Supreme Court , 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 Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Hence, if she is not ready for the mutual divorce then you can file a contested divorce case before the Court on the grounds of cruelty and above mentioned grounds. 

- Further, if your parents are not living with you then they can be deleted from the array of parties , and hence you can move an application for deletion of their name from the DV complaint and also FIR. 

- Her said hefty demand even cannot be accepted by the Court. 

Dear Client, your case is serious and calls for a strategic approach. First of all, false charges of rape under Section 376 IPC and domestic violence are serious and can lead to grave consequences. You must immediately consult a criminal lawyer and file an application for anticipatory bail to avoid arrest and that of your parents. Collect evidence like messages, emails, or any recording that goes against her statement and proves your innocence. Since you have already given her a notice for mutual divorce, you can consider filing a contested divorce under Section 13(1)(ia) of the Hindu Marriage Act based on mental cruelty through false allegations and demands made.

Further, you can even lodge a counter-complaint against her for filing false cases and harassing. You may involve an experienced mediator or attorney to negotiate for a fair settlement sum if you want to settle the case amicably. About your child, file a petition for custody or visitation rights under the Guardian and Wards Act, 1890, so that your parental rights are not denied. A well-prepared legal strategy along with a robust defense against the false allegations will help you protect your interests and settle the case.

Hope you find this answer beneficial for resolving the dispute. 

Dealing with false accusations in a divorce can be incredibly stressful and legally complex.

1. Legal Representation: Immediately hire a skilled divorce attorney who has experience with contested divorces and false accusations. Your lawyer will help navigate the legal system and work to disprove the false claims.

2. Collect Evidence: Gather any evidence that supports your case, including communications, witness statements, and any relevant documents that prove your and your parents' lack of involvement in the alleged misconduct.

3. Negotiate Through Lawyers: Since direct communication seems ineffective and can potentially worsen the situation, let all negotiations be handled by your lawyer.

4. Consider Mediation: If possible, suggest mediation through your lawyer to settle the divorce amicably, which can include discussions about custody and financial settlements.

5. Protect Your Rights: Stay informed about your legal rights and options regarding custody of your son and protecting your assets.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.