I am really puzzled by what is going on. Please advise me what to do and how to approach this case. Thank you so much in advance, for helping me.
Case: Wife left home and left our two year old son at my home. My son is staying with me since then. After two months I received a notice for child custody. Me and elders from my family tried talking to her and her family but she was admant for divorce. Then things went like this:
Custody
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1. 1st date - Wife came with two lawyers. My lawyer did not file a reply. I spoke to my wife in court premesis but she was adamant and wanted divorce. Her family threatened to file police case.
2. 2nd date - We filed a reply to child custody petition. We countered all her false allegations with proofs. Judge tried to mediate in his chamber but my wife remained stubborn.
3. 3rd date - Wife did not come to court. A 3rd new lawyer filed wakalatnama. Judge was angry as he probably wanted another session of mediation. Her lawyer did not file a counter reply.
4. 4th date - A 4th new lawyer filed wakalatnama. Her lawyer did not file a counter reply. They got one months time to file counter reply.
5. 5th date - Wife did not come to court. Her lawyer did not file a counter reply. Judge gave three months to file counter reply. I wonder that they need four months to make a counter reply to our reply!!!!!!
Divorce
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1. 1st date - My lawyer asked more time to file our reply to wife's divorce petition. Got 3 weeks to file reply.
2. 2nd date - Wife did not come. We went with our written reply preperaed. We came to know that wife had withdrawn her divorce petition two weeks back (one week after first hearing) on technical grounds with liberty to file fresh petition. Court decided the case ex parte and gave her the liberty. The case was not scheduled for hearing on that day. Judge mentioned in his order that me or my lawyer was not present. However, I did not get any notice from court to appear for any hearing. My wife or her lawyer did not inform us before filing their application that they wanted to withdraw the divorce case or, after the decision that divorce case has been withdrawn.
Her articles
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1. Received a legal notice for returning her istridhan. I had already communicated to her in my sms, email and on phone that she can come and collect her articles any time she wants to but she did not come. Instead she sent a legal notice. Included her entire 5 years salary, her loans, gifts given to my son, to me etc. as her istridhan (total amounting to about 45 lacs).
2. Her lawyer spoke to my lawyer and she wants that we should deliver all her articles to her house on our expense. Sent a reply to her legal notice to come and collect her articles.
I feel that she is playing a game because if she wanted to come back and live with me (she is very welcome if she wants to reconcile and live together as it is best for everyone, especially for our son) she would have spoken to me after withdrawing the divorce application. I prayed for refreering our case to mediation in my reply. My son has been staying with me. I love my son very much and I can not bear the thought to seeing him only on few weekends for the rest of my life. If my wife wants to come and live as family, she is welcome but if she is adamant for divorce, I want my son to stay with me.
I feel following can happen:
1. She files a new divorce petition afer a few weeks/months with still more allegations as we could have easily defended her allegations in the current withdrawn petition.
2. She files case in women's cell to harass us then files for divorce.
3. She actually wants to come back.
I am at a loss to understand what is going on. Please guide me how to proceed and how I can know what she wants without her making more false allegations.
Thank you.