Divorce is not a platform ticket, husband can go to Court and buy it across booking window. If wife does not want to give divorce, it is very difficult for any court to pass decree for divorce. If he files divorce he will have to pay hefty sum to you as maintenance during divorce proceeding and it takes years to obtain divorce. Even after that he will not get divorce. Law is in favor of woman. If he files divorce you can file number of cases, he will spend lot of money and time and lose peace of mind. Your position is very strong in law.

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. I am not suggesting any legal actions but it will give you confidence.

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

• 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;

• 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: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A/82 BNS, 2023 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.

secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.

If he files a contested divorce case then you may file a counter claim for RCR in the same petition and strongly challenge his divorce case.

The reason for divorce seems to be trivial in nature and mere incompatibility therefore he may be able to succeed in his divorce case even if he still insist on filing the same, however you may have to strongly challenge the same and get it dismissed.

Besides, you can also file a DV case against his mother for mental harassment and seek protection order against her.

File petition for RCR under section 9 of HMA 

2) refuse to agree for divorce 

3) contested divorce proceedings take over 5 years to be disposed of 

file for RCR 

2) you can file Dv case seek protection order , right to stay in matrimonial home , maintenance from husband 

3) filing Dv case is not ground for divorce 

You are not as helpless as you presumed. Unless you assert your rights, you will not get it. It is not that on 366 day husband file a divorce  and he will get it. Only in cases of proved adultery, that too not just some incidents of adultery, but for living in adultery a husband gets divorce that too after fighting for years in court. Just ignore their conduct and tell them bluntly to proceed with their plans, you will take counter measure and make them pay for it.

As suggested earlier it is not easy for anyone to get divorce case decreed in their favor especially  contested divorce case on the grounds of mental cruelty.

In your case from the events you narrated here it can be observed that they do not have any strong reason for seeking dissolution of marriage on the grounds of mental cruelty

Whatever the court will not decide just based on their petition for divorce, the court will hear your side  also and if the court is convinced that there are no proper or substantial grounds for divorce then the same would be dismissed. 

The DV case is advised to file is for the relief you need now especially from the cruel clutches of your mother in law, and by just filing the DV case, it will not be considered as a ground of cruelty.

Your unnecessary fears will not allow you to proceed with a concrete decision to face and challenge the situation prevailing at your end, hence you may analyse all the events patiently and ignore the trivial things, gather evidence to challenge their false case and fight back properly if you really are serious about it.

1. He Cannot Force a Divorce – Contested divorce requires strong legal grounds, which he does not have. Courts don’t grant divorce for normal fights.

2. File DV Case for Mental Cruelty – His insults, financial indifference, and neglect can be grounds for a Domestic Violence (DV) case. This may also strengthen your position if he files for divorce.

3. Refuse Mutual Divorce – If he files a contested divorce, it can take years unless he proves cruelty or desertion (which he can’t easily).

4. File for Restitution of Conjugal Rights (RCR) – Under Section 9, Hindu Marriage Act, you can legally demand he take you back. Courts may direct reconciliation.

5. Alimony & Maintenance – If he insists on divorce, claim maintenance as he earns 4 times more than you.

Final Advice:

• If you want to save the marriage, file RCR instead of DV.

• If he persists in cruelty, DV case + maintenance claim can legally pressure him.

• His mother’s false claims won’t hold in court.

• One-sided divorce can take years, so don’t give in if you wish to continue the marriage.

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.

No he can’t force you but can file divorce case

Don’t file  domestic violence case,

2) if husband files divorce case against you. Then you file a petition for RCR

3) both cases will be clubbed together,

4) Contested divorce cases, take over five years to be disposed off

If you oppose divorce, it can take 3-5 years as he has no solid grounds. Courts may send you for mediation first.

For reconciliation, file Restitution of Conjugal Rights (RCR) instead of DV. If he continues mental cruelty, DV + maintenance will put pressure on him.

You cannot force husband to stay with you 

if you contest divorce case and husband is unable to prove allegations made in divorce petition his petition would be dismissed and you would remain his legally wedded wife 

The contested divorce case will stretch a very long time, there will be a mediation session in the beginning itself.

You can express your willingness to continue your married life and ready to condone his acts of cruelty 

If nothing works you may strongly challenge the divorce case till the end.

RCR is not a solution for this.

Besides he cannot be compelled to live with you even if you are getting the RCR decree in your favour.

You may have to to look for alternate remedies.

You can’t force anyone to stay with you. If they don’t want to stay and need divorce you go for mutual divorce and alimony. If you still don’t want divorce then you contest the divorce petition by filing RCR petition 

If he refuses to take you back even after you win the Restitution of Conjugal Rights (RCR) case:

1️⃣ No direct enforcement – The court cannot force him to live with you.
2️⃣ Ground for Divorce – If he disobeys the RCR decree for 1 year, you can file for divorce or he can use it as a ground for divorce.
3️⃣ Stronger Maintenance Claim – His refusal strengthens your case for alimony and maintenance.

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.

There can be reconciliation, only if you make them realize the consequences their adventures. RCR is worthless proceeding and it boomerangs on the party which files it. After decree of RCR if the parties dont join for two years there will be automatic divorce. It is waste of money, time and energy.    

- The said emotional reactions cannot be a ground for divorce , and hence your husband cannot get divorce on this ground

- If he is living separately and you want to live with him then fie a petition under section 9 of HMA for directing him to live with you , and you can settle the matter even during the  pendency of the case. 

- Further, you can file a complaint under the provision of DV Act against your mother for the interference in your married life.