Keeping in view the facts and circumstances of the case it is better that you go for divorce and teach him lesson by filing maintenance application etc.  Ask for higher alimony. For want of complete history of the case, proper advise cannot be given.  Even for mutual divorce one year separation is must. 

You can file a petition for restitution of conjugal rights under section 9 of the Hindu marriage act.

You can seek maintenance for yourself and your daughter

also seek sole custody of your daughter

Don’t file any petition for divorce on grounds of mental cruelty since you want to stay with him 

You can file domestic violence against him and claim maintenance from him. You can also file contested divorce if you want 

you cannot force  your husband to live with you against his wishes so opt for divorce. Mutual divorce is best option. screen shots containing sex chat are a form of cruelty only and cruelty is a ground of divorce. 

Dear Concerned 

Lets understand the HARSH part first - "No one can force anyone to love / like / stay with him / her". IMAGINE this - a man with 10 year old relationship is now cheating on you - You sacrificed / compromised in your own way where ever you could. But this thankless - emotionless man of your's does not consider any of those. 

So, Hard but Good is Separate as soon as possible, give some time to your self / your Carrer and than think to resettle IF YOU WANT TO . 

However - It is suggested sit down and discuss the terms of financial settlement  and separation. You will be suggested to file  Dowry / Domestic violence related cases. BUT trust - all of these suggestion / actions too will lead to settlement 3-4 years down the line  Hence dont waste money on litigation / Advocates - Better is settle and separate.

Best of Luck - God Bless.   

Sexting, going on vacation with female is valid ground for divorce. You will get, maintenance  pending proceedings and handsome alimony on divorce. It for you to decide. I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—

1.You, any relative or friend on your behalf or an Advocate  engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…

1. Protection order prohibiting husband from—
2. committing any act of domestic violence;
3. entering the place of your employment;

iii. attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

iii. Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125/B.N.S.S. 2023 Section 144: you can obtain monthly maintenance for yourself.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A/ BNS, Section 85, if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

Under the Hindu Marriage Act, 1955, you can file for divorce on the grounds of cruelty (Section 13(1)(ia)) based on his sexting, dishonesty, and neglect. If he refuses to file, you can initiate divorce proceedings independently. Your evidence, such as screenshots and proof of his trip with another woman, strengthens your case. Mutual divorce requires both parties’ consent, so he cannot force it without your agreement. You can also claim maintenance (alimony) and seek reconciliation through mediation if desired, though his actions suggest unwillingness. Legal action may provide relief if reconciliation is not possible.

Your situation involves serious marital issues, including repeated instances of betrayal and emotional abuse. As per Indian law, if you are unwilling to agree to a mutual divorce, your husband cannot compel you to do so. If he is insistent on separation, he may file for a contested divorce, but he must establish valid grounds under the Hindu Marriage Act, 1955, or the applicable personal law governing your marriage. His conduct, including sexting, lying, and travelling with another woman under false pretences, can be considered mental cruelty, which is a valid ground for divorce on your part. You also have the right to refuse reconciliation if you believe the marriage cannot be salvaged. Furthermore, given his actions, you may consider filing for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, or, if you decide to proceed with a divorce, you can file a contested petition citing mental cruelty and seek maintenance under Section 125 of CrPC or Section 24 of the Hindu Marriage Act. Additionally, you can file a complaint under Section 498A of IPC if his actions constitute harassment. Document and preserve all evidence, such as screenshots and other proofs, as they will be critical for your legal claims. Consulting a family lawyer for personalised advice and drafting legal notices or petitions would be the next prudent step.

Mutual consent divorce is a separate proceedings to that of the contested divorce.

Leading an adulterous life by one of the spouses or having extra marital affairs also is not an offence.

However this constitutes mental cruelty on the other spouse and the other spouse can file the contested divorce case on the grounds of cruelty.

You cannot force the unwilling husband to rejoin you leaving aside all his fun or amusements that he is deeply involved now.

Respected mam ...

There are several grounds of divorce but that act of your husband is itself a ground for divorce and for that all you need is evidence that you were having in form of screen shot it will work definitely as the same is admissible in evidence just file divorce petition under section 13_A of HMA he will be on his knees soon ...just engage a good lawyer abd draft a good petition with breaf facts ... then he will beg from you and There are also other remady that you can seek from the court...

Thank you 

1. 
   Mutual Divorce: You’re not obligated to agree. He cannot force it without your consent.
2. 
   Contested Divorce: You can file on grounds of cruelty and potentially adultery using evidence like sexting and trips with another woman.
3. 
   If No Divorce: Legally, you remain married unless one of you files for divorce.
4. 
   Options:

   • Try mediation or counseling.
   • File for Restitution of Conjugal Rights if you want reconciliation.

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.

Dear querist,

As per your query it is clear that you don't want a divorce and definitely not through mutual consent. As per the facts as mentioned it is clear that you have suffered cruelty at the end of your husband who have without any sufficient cause has let you to suffer for his best interest. Under that circumstances, you have recourse under the PWDV act by filing the Domestic violence and also seek maintenance and also seek his company with you by obtaining the residential order for your matrimonial home. In the alternative with the proofs with respect to his adulterous relationship, the domestic violence in the nature of the emotional damage can be claimed. 

In case you need my assistance in the matter I can be contacted on https://qrco.de/syslaw

Dear Client,

You are not bound to accept a mutual divorce if you do not want to. In India, a mutual consent divorce requires both parties to agree and jointly file the petition. If your husband does not file for divorce and you don't want to agree to a mutual divorce, the marriage will remain legally intact. However, in view of the conduct on his part, you can even file for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground ofmental cruelty. Sexting repeatedly, lying, and leaving you at your maternal home without any intention to reconcile are cruelty and breach of marital trust.

You may bring this under Section 9 of the Act if you want to prove your casein court and strengthen your case withevidence, which are the screenshots of sexting and proof of his trips with another woman. While you do not want to file for divorce, you can also demand your right to restitution of conjugal rights to seek reconciliationunder the same Section 9.

However, note that protractedemotional distress may affect your well-being. It is always recommended to seek the services of a family lawyer to discuss your legal options and guide you in making an informed decision based on your goals and long-term welfare. If your husband continues to pressure you for mutual divorce, the court will only grant it if you voluntarily consent.

Talk to husband and settle the matter for all purpose and also opt for divorce by mutual consent. No law can force your husband to have warm and cordial relation with you and also to talk to you which otherwise depends upon inner feelings of parties.

Since your husband does not want to stay with you best option is to go in for divorce by mutual consent 

You need to decide whether you want to live like this or intiate legal action for detailed advice you can have telephonic consultation 

If the situation is intolerable then you can very well decide whether to continue this married life or to dissolve it by a decree of divorce.

If so then you can opt for mutual consent divorce itself.

Legal and Practical Options:

1. Stay or Leave Decision:

   • If staying at your in-laws' home causes emotional or mental strain, you have the right to move back to your maternal home. No law compels you to stay in an environment that feels hostile.

2. Addressing Rudeness and Silent Treatment:

   • Such behavior may qualify as mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act if you decide to file for divorce.

3. Legal Actions You Can Take:

   • 
     Restitution of Conjugal Rights (RCR): File under Section 9 of the Hindu Marriage Act if you seek reconciliation and want him to cohabit with you.
   • 
     Contested Divorce: File for divorce citing cruelty, supported by evidence of his behavior and prior incidents.
   • 
     Maintenance/Alimony: If you are financially dependent, seek maintenance under Section 125 of the CrPC or Section 24 of the Hindu Marriage Act.

4. Mediation or Counseling:

   • Engage a neutral third-party mediator or professional counselor to address issues and assess if reconciliation is possible.

5. Document Evidence:

   • Keep records of his behavior (messages, interactions, witnesses) for legal proceedings if required.

It sounds like you are in an emotionally distressing and toxic situation, where your husband's behaviour is causing significant harm to your well-being. His continued silent treatment, rudeness, and hateful comments, coupled with his refusal to engage in any meaningful communication, indicate emotional cruelty, which can form grounds for a contested divorce. This situation is undoubtedly affecting your mental health, and you deserve to be in a relationship where respect and trust are mutual. Given the gravity of the situation, it is crucial to seek legal advice from an experienced family lawyer who can guide you through the process of divorce, maintenance, and other rights you may be entitled to. Consulting a professional will ensure that you make informed decisions and take the necessary steps to safeguard your future.