I am staying separate from my wife for last 6 years.We had a son 5 yrs old. My wife is working in a Govt. Project School which is a residential girls school. My wife stays in the school hostel with other inmates where fooding and lodging are absolutely free. My wife salary is Rs. 15000/- p.m. + free fooding & free lodging.Our son also stays with my wife in that hostel. All my efforts went to into vain in convincing and persuading my wife to return back to my house. we both are staying in different states and naturally two different High Court jurisdictions. Around 3 weeks back i have filed for Divorce against my wife on ground of cruelty & desertion u/s 13(a) &(b) of HMA,1955. Presently i am unemployed looking for jobs. I think my wife have got the suit notice / summons and called me day before yesterday. She was questioning me as to why i have filed divorce case against her ? As the matter is now subjudice so i didnt talk with her too much. Now she is telling me that she dont want to keep son with her. My question is :
1. In the court if my wife syas to the judge that she wants to return to my house then what should i say ?
Personally i dont want anymore her to return. Because she have deserted me for last 6 yrs. A husband - Wife relation bonding exists on true love and trust. No there is no faith / trust exist between us.
2. Can my wife forcibly give the custody of our son to me. I have not claimed for any child custody.
My wife is trying to do so because she is very jealous on me. she is anticipating that if i do get divorced then i might get remarried and lead a normal married life again. so if she gives the custody of the child on to me then it will be difficult for me to get married again with a child in my custody. though everything is possible and exceptions r there.
3. I am mentally prepared that my wife most likely will make false complaint / cases against me to retaliate against my divorce petions. She will file definitely CrPc 125 + 498a, 406 etc. She is very bothered about my money from my previous Orgns.I am ready to pay maintenance for my son but not for my wife as she is earning.
4. I am sure that if i being asked by the court to pay maintenance for my son then by which mode i will pay. because if i pay by cash or by credit transfer then i doubt that amount will not be spent on the welfare & wellness of my son, It might be spent on my inlaws . I guess. So what shall i do under these circumstances ?
Please advice.