I filed for divorce on ground of cruelty; wife filed false 498a/406/506 FIR after 4 months of my divorce petition. I went thru phase of arrest and now on bail. Charge sheet yet to be filed. In her complain, she only claimed huge gold, silver, and cash as dowry. All things of my home were purchased by me and still lying in that rented flat while wife had already taken away all her belongings. Since sometime, nobody is staying in that flat.
Initially, my lawyer was strongly against touching that flat but later he said that since arrest and recovery phase is already over, so I can quietly vacate that home. Is this logic satisfactory? Why “Quietly”? Also, I am puzzled with my lawyer’s sudden shift in stand.
So, is it safe – legally or otherwise; to take all baggage and vacate that rented flat?
If Yes:
- Then what could be future problems & claims wife can make?
- What is the safe way of vacating that: can I request court to ask her to collect her baggage and rest I can collect later. Or, can I request court to ask her to submit an affidavit that she has collected all her belongings from that home.
- I think, even after her affidavit, she can still claim that her belongings were stolen or taken away by me.
- What are the caveats of law I can use or what method I can use to safeguard myself?
If No: then why?
Does, vacating that home has any bearing over interim maintenance finalization?
Pls, guide me in detail.
