Abortion by wife without obtaining consent from husband

Questions :

1) Can I file a divorce case against my wife before completing one year to our marriage?

Legal advice: No. Reason being you donot have serviceable evidence of silver quality to draw Civil Court’s attention to admit the case before 1 year under say "exceptional grounds". Earlier giving bail bond in her S. 420 condones even taking ground of fraud in HMA as it can now be said you had knowledge of all her past. MTP records of a Nursing home as per Rules can only be kept for 6 months. Govt. Hospital MTP records are kept for 25 years. Any case of abortion is serviceable if action brought within 1 year of knowledge of the same with silver quality evidences, some telephonic tease me yes-tease me no talks are difficult cup-a-sip to bring a action in a Civil matter so easily.

2) Can I file a case in the court where I work as "The place we last stayed together" ?

Legal advice: Yes you can 'file'. Reason being HMA Act says so. It is other matter later she may or may not get it transferred to her jurisdiction.

3) Should I stop paying her money?

Legal advice: No. Reason being a husband is duty bound to look after his legally wedded wife which is what HAMA says and you have quoted HAMA in your brief too probably after reading it.

4) Should I go to "Rashtriya Mahila Aayog"?

Legal advise: No. Reason being NCW in a RTI reply categorically said it caters only to WIFE and not to husband's sister or mother.

Hope you received legal advice only! For further legal advice hire an advocate found via reference, reason being you have plan to finalise by 25th. Jan. as you say in your query before us. 

Approach 1) - I will pay my wife till July 2013 & then in Aug 2013 I will try to convince her to file a Mutual Consent Divorce Petition. I will keep paying her till the Divorce will be granted & at the time when the final judgement will come in say 6-8 months I will pay her a lump sum agreed as "One Time Alimony" & Ican atleast get rid of her by April 2014.

Approach 2) - I should file a petition to Family Court for "Restitution of conjugal rights" and my lawyer can serve her a notice to come back home. This might hurt her ego & she might start troubling me. I will have to fly to her city of jurisdiction for case/dates & my life will become miserable. Further, I will stop paying her money & she will use the remedies available as HMA,1956 Adoption Act, CRPC Section 125, etc. & can get the money/maintenance. Then I have to file a Divorce case after July 2013 & the decision might come only after 3-4 years. I will endup spending money & will also have to carry the mental tension/pressure for 3-4 yrs to come. Chances are 95% that the decision will be in her favor as she is not working & I will endup paying her money. I might go to the High Court & then Supreme Court but so say 3-4 years more to come will be screwed up.

Kindly suggest me the BEST POSSIBLE option. I suppose approach 1 is better. I will assume as if I didn't work & earn money for couple of years. I will pay her & I will get rid of her forever by April 2014.

Please reply. Thanks. I am travelling to Mumbai on 26th Jan to file a petition "Restitution of conjugal rights" but I am affraid that she might come here to stay with me with a plan of creating evidances against me. 

"If wishes were horses, beggars would ride"

Her Option # 1 – She will file S. 498a / 406 + DV Act too then right now on 25/26 Jan. would you not consider doing first a Chamber consultation OR simply talking to her for a reasonable way out even if it means shelling little more before using any civil remedies first from your side?
Reason:
As legal opinion I shall suggest to wait till coming July for 1 year of marriage to get complete and till that time keep paying her what you used to pay to her regularly, it is a fact that the moment you stopped paying as you mention in your facts she raised false alarm complaints as she has some history of criminal bent of mind too and meanwhile coax and cajole her (test waters) to agree for one time alimony with hefty MCD parting - why stir a sleeping rhino early.

this is not legal but -

1-now you stop to give anything to her if u pay she will not come,

2- court will say u to pay when she will file any case of maint.  

3- wife is also bound to be with u so feel free and alert, but dont agree to give any money, only ask. if u say that i want to be away from u then she will demand hug amount, say i dont want to live with u further.....? 

How come she can file a complaint under Section 498a? I mean, I understand that if she really wants to trouble me then she will.- huh!

She is not staying with me since last 5 months. She never stayed with my parents. We never demanded a single penny from her. “Dowry – Physical &/OR Mental Torture” I suppose after 6 months no complaint will be entertained. After the crime took place the complaint has to be filed within 6 months.

As Section 498a was misused now Police has stopped taking any complaints before doing proper investigation. As local police station has already done enough investigation after I filed complaint (Application + NC) initially. I also passed on a copy to ACP & DCP office & local police station has submitted the report to ACP & DCP office. My wife filed a fake complaint (Not a complaint/ Just an application) but she was not entertained by local police station as they have already done the investigation. She can reach out Commissioner of Police, Social Forums, Media or Magistrate to file a complaint.

Further to be on the safer side I can go ahead & file a complaint against her with Social Service Branch of Police, Police Commissioner office, Local Mayor, Local MLA, Local MP, Local Municipal Counselor (Already knows the matter), State Home minister & State Chief Minister.

I will make sure that she should NO WAY pull my parents, sister & her family into this mess.

Action point – I am just going to concentrate on my career till April as this is appraisal period & Q1 of 2013 & promotion is awaiting. I will keep paying her & will keep talking to her over the phone (just to make her feel good). In April I will travel to Mumbai & I will try to convince her for the Mutual Consent Divorce Petition.