I am under mental agony

File a petition in the family court for restitution of conjugal right which according to me should take care of your problems.

But somebody told me that It takes 1. atleast one year to file any case in the family court. 2. My wife can ask for maintanance and expenses for court proceedings.

If the behaviour of wife is incompatible and it is she who lodged a false complaint, then I think you are thinking emotinally. Instead of restitution of conjugal rights and inviting further agony, seek divorce through mutual consent.

Also, get documentary evidences in case if she is working and her education details etc. There are several high court judgements on wife if educated and able to maintain herself then she is not entitled to get maintainance. Moreover, if is educated and working, then she is not at all entitled for maintenance. Maintenance in legal provision is for destitute women who are not able to maintain themselves independently.

But then also it will take atleast one year and they are asking for a large sum of money

For filing the petition it will not take one year. My feeling is that your wife may not be wanting to live with you.  A wife will not have right for maintenance if she is living seperately without any just cause. An order on the petition make take one year.  If the wife does not comply with the order. You will have good ground for divorce.

There is no necessity to pay money. It is a regular practice on part of wife on demand arbitrary money. Instead contest in court and let her come down to face ground reality, that marriage is not made for extorting money, but is a sacred institution.

I have advised RCR because you have stated you want your wife to come back.  From what you have narrated she may not come back. HENCE RCR is the right choice

I agree with Mr. Menon. Adopt a strategy suiting your end results, as we are not face to face to delve into documents.

Thanks Mr. Feroz,

She has filled a petition in the court under 156 (3) in IPC 498 A, and other harassment and beaten etc. etc. cases, police  did investigation and came to know that this is false and fake complaint from her side and gave a final report to the court that the lady and her parents are doing all this for the sake of money and all the people in the husband's side all are innocent and other family members also never stayed with her.

Will it help me to close the 498A case?

Will it help me to get the Divorce soon on the grounds of extreme Abusing and Harassement?

Till now I did not file any FIR and any case in any court against her, I made a written petition and got the recieving also at the time  when she left my place with money and Jwellery, but police did not file any FIR, will it help me in any case.

Thanks Mr. Menon,

Can u please reply to me on the following...

She has filled a petition in the court under 156 (3) in IPC 498 A, and other harassment and beaten etc. etc. cases, police  did investigation and came to know that this is false and fake complaint from her side and gave a final report to the court that the lady and her parents are doing all this for the sake of money and all the people in the husband's side all are innocent and other family members also never stayed with her.

Will it help me to close the 498A case?

Will it help me to get the Divorce soon on the grounds of extreme Abusing and Harassement?

Till now I did not file any FIR and any case in any court against her, I made a written petition and got the recieving also at the time  when she left my place with money and Jwellery, but police did not file any FIR, will it help me in any case.

Manish - The Final report of the police in your favor will help you get a divorce on the ground of cruelty.  You may not be required to pay maintenance. You are in a comfortable position.  There is no need for any mental agony

If the FIR against you and members of your family does not contain any cognizaable offence, then you can get the FIR quashed from Hon'ble High Court, under section 482 Cr. P.C. Also, the following Judgement of Hon'ble Supreme Court, in "CRIMINAL APPEAL NO. 773 OF 2003", in
Sundar Babu & Ors. V/s State of Tamil Nadu", will help you. All the best.

Also, you will have to prove harassment and mental cruelty caused to you. Please refer Supreme Court  Judgement in " S.HANUMANTHA RAO Vs. S.RAMANI" dated 31/03/1999, which contains, what does not constitute cruelty.