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harassed_12345 (NIl)     05 December 2014

Advice on divorce ??

I am married for last 4 years. My wife does not have her parents and she was brought up by her relatives. I am the only son of my parents and for my happiness they agreed to our marriage. Since my wife belongs to avery poor family and having no parents marriage was solemnized at a hindu temple in a very short cut manner with no dowry and gifts exchanged.

After marriage wife refused to stay with parents and asked to take her with me at my work place. She also joined a job at my city and we stayed together.  We have a baby of 1.5 years which for the last one years is with my parents at their home as wife refused to take the responsibilities of mother and told me that she is more interested in doing job.

Later i found that my wife is having extra marital affair with her office mate and they have stayed together at hotels for 3 nights in same room.( I have hotel bills and i card of them which they submitted at hotel, even a ). When i asked about this she lodged a false complaint against me and my parents U/S 498 a, 506, 34 IPC. 

After investigation police has filed Cancelation Report in Court against the FIR as nothing wrong was found against me and my parents. Our baby is still with my parents , i am away from my parent home doing job and have no idea where is my wife after lodging FIR . Some times back i came to know that she in touch with police through Emails and telephonically and threatening them to drag in court as they have not done proper investigation. 

My Questions:

1. Since I have alreday applied  for Divorce (after 498 case) on the ground of adultery and cruelty , what are my chances to get rid of her ASAP. Since she was earning more than me , having a car also in her name and some saving also , I am not in a position to offer her any animoly.

2. What after police has filed cancellation report against FIR .

3. Can she claim our baby from me where as she has left her at my parents home where she was just 5 Months old. I dont want to handover the custody of child to her.

4. Can i also lodge a complaint against her for making a false complaint against me and my parents.

Regards

 

 

 

 



Learning

 1 Replies

Jayashree Hariharan (Advocate)     31 December 2014

1. if you prove she is more well off than you, you dont have to pay even a paisa.

2. that means the case is closed since there is no proof. unless of course, she files a complaint again. but that you can defend by saying that she has not been staying with you or your parents. you can detail as to how many days she was away on tour, etc.

3. you have to prove that the child has been with your parents, and she has not even visited the child. so you can get the custody. she will not get it. for this the witnesses near your parents' house will do.

4. if you want to, then yes. but on what grounds? anyways the fir has been cancelled.


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