Family issue

Hi,

I appreciate your valuable suggestions for complicated issues related to my matrimonial dispute. We got married in 2009 and were blessed with a baby boy in 2010. It is an arranged marriage. We enjoyed matrimonial life for 3 years without any disputes or misunderstandings.  My In-laws promised us at the time of marriage settlement that they would register one acre property on the name of my wife and give 2.5 lakh cash. We told them that we don’t need the amount and asked them to deposit that amount in my wife’s bank account. After marriage, they told us to look for a property in my hometown so that they would be giving additional amount, based on the value of the property. After 2 months of marriage, when her brother was going to UK for higher studies, they utilized that 2.5 lakh and promised to my wife that they will be giving the amount back with 2% rate of interest as on when it is required. Being busy with professional life and living far away from hometown, I have not concentrated on buying a property on wife’s name for that amount. During the 3 years matrimonial period, I transferred 1.73 lakhs through NEFT for the educational expenses of her brother. Even 45 days before the separation, I spent 50,000/- for his travel expenses by transferring through NEFT since we all have cordial terms among ourselves by that time.

I continue keeping most of the gold articles (gifted by both sides in wedding, gold gifted to me, gold purchased by me to my wife and my son) at In-laws house.  My father- in- law is a very lavish and flamboyant person who roams with attendees, drivers and rented AC cars. If he has 1000 rupees in his pocket, he behaves as if he has one crore with him and mother- in-law is very dominating personality. In-laws constructed a huge two-storey house in their hometown with one floor completely for us and our son. This is the way, the parents of my wife got upper hand on me in terms of care and affection towards my wife.  The parents of my wife mortgaged the gold articles and the property.. I was not able identify the financial crisis, the In-laws coming across after spending huge amount of 40 lakh for constructing the house. Most of the gold articles were not there at the time of house warming ceremony, which took place 3 months before the separation. When I was planning to buy a property, I just informed her about my plan to take a gold loan with the gold purchased by me just 10 days before the separation.  The parents emotionally blackmailed my wife and separated us. Being aggrieved by the separation without any disputes, she started telling lies with minor allegations on me and started behaving like a manic person.

After continuous efforts for 3 months by my brothers, they came for a meeting within the family members. In that meeting, the father of my wife told that I beat his daughter and promised on my son’s head to prove the same. It was ended up with a decision of uniting the couple after transferring the matrimonial house from Pune to Hyderabad. After one month I went to their house to see my son and gave money, debit and credit cards to his hands. My wife and her mother shouted on me and compared my innocent to a dead body, when I am taking snaps of him.

Even after transferring the matrimonial house from Pune to Hyderabad, they started telling several excuses and at last with several hard efforts, they came for a meeting with elders i.e. after 11 months of separation. My wife did not tell any meaningful allegations on me even after allowing her to speak for 2 hours and even after requesting her to tell about major issues for around 20 times. She told several times to reconcile with her husband. When the meeting was about to end with reconciliation, the father apart from asking everyone to separate the couple, he told that I beat her badly, thrown her on bed, covered with a bed sheet. When questioned about the veracity, he kept his hand on the head of my innocent son and told that he was promising on the kid and uttered that he saw wounds, took her to hospital.  Everybody shouted on him and he left the meeting and mother-in-law took my wife from our house. She committed suicide by hurting herself to drain the blood out from her body after failure of reconciliation meeting due to her father’s behavior.

 Desperate efforts for reconciliation for around one year by my relatives, their relatives, their friends and mediators and continuous emotional black mail of her parents made her to become psychologically disturbed and started telling several meaningless allegations on me. She sent threatening emails with foolish allegations and threats of legal actions on me. Several times, many persons asked them to show the gold and land document but they escaped from the people and ran away from their village. I have sent several emails specifying that I am not looking for land or gold and requested her not to spoil the relationship due to the financial crisis of her parents. I requested them to put those gold articles in the locker of couple’s joint account when they are asking 6 months time for the next meeting but they are unable to do the same.

They were hiding in Hyderabad after running away from their home town and their relatives.  After hard efforts, we found the address and I visited their house with some elders. Father in law and her cousin beat me when I am going inside their house and later they forced my wife to give police complaint with murder attempt allegations and other foolish allegations. The complaint was dismissed by the police. The police asked both of us to give a letter to the Circle Inspector as an understanding between both the parties and confirmation of withdrawing the complaint. I wrote the letter stating that she agreed to withdraw the complaint with a condition that I/we should not contact her/them for a period of 3 months. As per her agreement, after 3 months, we will settle the dispute with the elders of both sides. It was signed by both of us and gave it to the police station. I have the original copy (hand written by me and original signatures of both of us) with me. We signed two Xerox copies and gave one to the police and she kept the other copy.

After 3 months, she applied for divorce on the grounds of cruelty and desertion by husband, where husband had not made any efforts for reconciliation except sending emails and demanding 50 lakhs alimony. She managed to remove her signature from the letter submitted to the police station and submitted it to the court along with the divorce petition and specified in the divorce petition that I gave an undertaking in the police station that I will not manhandle either her or her parents. She holds a doctorate degree and working as scientist and unable to understand the difference between contact and manhandle. The documents submitted by her specify that I should not contact them for 3 months but the statements in divorce petition specify that I will not manhandle.

This is just a single example and I am unable understand her behavior and statements even the Judge or psychologist cannot understand her words. Her divorce petition completely looks like an illogical and foolish one. There are hundreds of contradictory expressions and discrepancies among her emails, police complaint and divorce petition. Those contradictions are sufficient to prove that everything is false. She does not have any answers for the contradictory statements whenever I questioned her during the counseling sessions; she is crying and behaving like a hysteria patient. She committed suicide once and there are plenty of signs (swollen and red eyes, depressed face, looking at me with tears in her eyes) that she is going to commit suicide again and may kill my son.  My wife is not their own daughter hence they want to steal the couples gold, money and enjoy on her income and alimony. She did not specify anywhere either in emails, police complaint or divorce petition that there is a dowry demand. I have lost complete trust and faith on my wife and suffered a lot every time, I received threatening statements/emails from them. My son’s age is now 4 and half years. I don’t have visiting rights to see my son since 3 years. And even if I get visiting rights in future, he considers me as a criminal since they spoil his mind with false allegations on me.

I have to file counter application for her divorce petition in couple of weeks. I cannot allow the divorce or seek divorce on the same petition as of now since it is going to give negative impression about me and it attracts huge alimony amount. Hence I want to get a stay order on the divorce proceedings based on the false/ forged document, she submitted in the court and want to request the family court to take cognizance of the offenses of perjury, false evidence and false statements and get it forwarded to the criminal court. It is for sure, the family court is going to dissolve the divorce petition filed by my wife but it will happen probably after 4-5 years of battle and it is not going to yield anything to me. Following are my queries:

1. Whether the family court considers, the false Xerox copy submitted in the court as false evidence/ forged document as of now. Under which sections, will it be possible to request the civil court for initiation of criminal charges and to seek stay on the proceedings. Upon receiving the summons from the court, do I really have the right to raise concerns about those documents without filing the counter application? If the family court does not consider it as offense, do I have the right to file a private complaint on her and her parents for attempt to forgery? Please let me know relevant IPC sections.
2. Whether Section 23 of Juvenile justice and prevention of child abuse act can be filed on her father for making a false promise on the head of my son to prove his false murder attempt allegations and the same section on my wife for comparing my kid to a dead body. Both are emotional and mental abuses, upon knowing the same, the kid will suffer throughout his whole life. She confirmed both the offenses in her emails. My son is subjected to negligence and he is late in overall development. Will it be possible to get my son rescued by court order and get declaration of my wife as unfit parent with child abuse cases?
3. IPC 506 Life threat to the life of the kid based on her suicide attempt, foolish and contradictory statements in emails, police complaint and divorce petition. I want to get a non bailable arrest warrant on them to save my son. To how extent, Can I be succeed in getting non bailable arrest warrant on them.
4. IPC 306, Abetment to commit suicide on her parents, Not informing the same to the police and destruction of evidences like suicide note etc)
5. IPC 406, criminal breach of trust (wife’s parents had dishonestly misappropriated my wife's gold and property)
6. Which of their actions comes under cheating and money extortion?
7. Theft of my gold and my son’s gold, since I am also a natural guardian? Please let me know the IPC sections
8. Can I take criminal action for threatening emails of legal actions sent by my wife? Please let me know the IPC sections.
9. Can I file criminal defamation case on my father in law for making false murder attempt allegations on me?
10. Please suggest me any other sections for getting non bailable arrest warrant on them. Whenever they get bail on one case, I want to file the next case. Or can I file all the cases together? The way, I roamed around for one year to meet all of their relatives and their friends for reconciliation, they same way, they have to roam around criminal courts. My wife is a very timid person and she is going to accept all the reasons for the matrimonial dispute during interrogation or cross examination in the court. I want to see her parents to be in jail for playing with my matrimonial relationship.

Thank you very much.