Divorce if husband is under trial

The best way is filing Mutual Consent Divorce (Both parties mutually agreeing for divorce)

I dont think husband will agree for MCD, you have to file divorce petition based on cruelty and other grounds if any.  He will attend the court dates from jail itself.  

I suggest you to take back all the cases, and go for mutual divorce.  No point in fighting in court for matrimonial purposes.

Thank you sir for your response.

They are not agreeing for mutual consent divorce and we have not filled any case against him till now.He is under trial under those section due to death of his sister in law(his brother's wife) and was named along with his brother and parents as main accused.

we waited almost 2 years for his acquital but it seems he is going to be punished for long term.

We want to file divorce as my sister is at my home for past 2 years and he just satyed 1 week in his in laws place as that incident took place immediately after her  marriage.

Please advise the possible ground as cruelty may not work being she was not there at all . Please let me know if you need some specific details to help me out.

If conviction is gauranteed, then better go for mutual. Thats the best way out here.  Simply staying with someone else will again invoke other sections of law.  See what she wants, if she wants to wait till he comes out, let her wait.  If she wants divorce, take mcd.  Any other arrangement will only bring troubles to you ppl only, nobody else.

So better take MCD.