wife is not agreeing for divorce

First thing, do not worry.  Next thing you have to understand is that if any one of the couple decides not to live with other, there is no power in the world which can force them to join together.  As you have come to a definite conclusion that you cannot live with her, divorce is the only option.  It is mandatory to have two to three conciliation proceedings.  Hence, instead of saying "no" to conciliation talks, which may give impression that you are adamant, participate in them.  Once, they fail, the divorce matter will be taken up by the court to decide it on merits.  You must have filed divorce on the grounds of "cruelty" and/or "desertion".  You concentrate on your case and see that the petition has been drafted properly and you have sufficient evidence to prove your allegations against her.  Collect the evidence, if necessary.  Do not show your weakness (affection) to the child to the outside world.  It may create problem for you in legal proceedings. As she is working and earning more than what you earn, you need not to pay "interim maintenance", subject to your capacity to prove these things before the court.  Finally, I say that every thing depends upon the drafting of your divorce petition and collection of evidence to prove your charges. 

Thanks sir,

1. i have evidence of her cruelty and she may insists to get my daughter. No way i am going to agree for dismissing the case.  on my next hearing date shall i agree for mediation just for court sake. if so then how long it may take.

2. how will be the proceedings,once mediation starts

3. as said by you dont show affection to daughter to outside world, does it mean that i need to act like i dont care for my daughter.

when will they ask for evidence

1. i have evidence of her cruelty and she may insists to get my daughter. No way i am going to agree for dismissing the case.  on my next hearing date shall i agree for mediation just for court sake. if so then how long it may take.

 I take your statement correct that since her birth you are taking care of the child and she has not cared about her for the last 3 years.  If she has not put any efforts through her elders or filed any custody case till date to get her daughter,  then it proves that you are correct.  You accept the mediation and attend it for the formality sake and after two to three sittings, the matter will be sent to court with failure report and case will go on, on its merits.  You must be careful, again I am saying, that if you want divorce, your petition must be good one clearlly mentioning specific allegations, which deemed to be "cruel acts" as per law.  The mediation will take for two to three dates and by participating in conciliation,  you clearly say that it will not be possible for cohabitation.  

2. how will be the proceedings,once mediation starts

Once mediation (2 to 3 sittings) fails, the matter will be taken up by the court to decide on merits.

3. as said by you dont show affection to daughter to outside world, does it mean that i need to act like i dont care for my daughter.

No.  That is not my meaning.  But do not show to the world that you can go to extra mile to get the custody of your child.  If your wife finds your weakness, she may demand for custody of the child and you may face problem.  The courts will tilt towards your wife  for giving custody as the girl is only 5 years old and more over she is  a girl child.  The strong point in your favour is that she has not taken any steps to get the custody of the child for the last 3 years, when she started to live separately from you. 

Evidence part will come much later on.  But you should start to collect evidence.

thanks for the reply,

in todays hearing we did not came to know about the objections what they made, can we know what objections they made before the coming the hearing date. 

Yes. On the next date you ask the councilor about your doubts.

My hearing date was on 6th sep 2010, and next date court has given after 2 months from the before mentioned date. why the court is taking longer time period, what the court want, why can't they give time for 3 or weeks gap for next date.