Hello Ld Members,
Marriage consummated for 2 years. Have a kid. Over a petty issue, wife left home and filed false dowry harassment complaint. Matter settled after throwing money, complaint withdrawn and Mutual Consent divorce filed u/s 13B of Hindu Marriage Act. Half of the amount given during 1st motion (2nd motion still pending), tried my best for reconciliation but failed. Not able to see my child, getting threats. In her complaint, she has written that we departed on xxxx date while in MCD, the period of separation is different as required by law i.e. 1 year. My lawyer is suggesting to let the divorce happen but still I have few doubts.
1. The other party had extorted me by blackmailing with the false complaints and not allowing me to meet the child. If I want to take action post-divorce against them for providing false statements/affidavit in the court (separation date), what actions can I take? and also does it affect the divorce decree as granted on false grounds? Also I have signed the false affidavit that we are living separately for the last one year, will it anyway affect me?
2. In the terms of MCD, it has been agreed that the custody of the child will remain with the mother and she will not demand any maintenance. Can she still demand the maintenance for child? I have no objection in upbringing the child but have no trust on my wife and want the custody of the child.
3. As has been advised by my lawyer to settle the things first so that I may be able to save other family members from courts, harassment and corrupt legal system. Is it right to go by his advice?
4. What are the other things that I can do to stop the misuse of the law which is meant to protect the rights of women but not to take the undue advantage? Marriage is not a child's play.
Thanks in advance !!!
