Help needed from experts.... !!!

hi All,

 

A few facts of my case...

 

- 10 year old marraige with a 7 year old son. have not been in touch with wife since 6+ years. she earns abt 40k a month working in a MNC and i am into business, doing good.

 

- Since 2 years, i have been trying for mutual settlement but everytime...they increase their demands which now are in crores which i anyday cannt afford to give or even want to give,....

 

- I have few self acquired properties in my name and many other investments. As she is earning she also has many investments in bank as FD's etc but no property in her name.

 

- I am left with no option than going to courts......as she is making my life a mess every day... and its un-bearable now. Everyday fights has become a headache for me/family.

 

- i do not smoke/ drink and do not have any spoilt circle of friends too. Infact i have built quiet good reputation in the society and people respect me a lot. The only mistake (if i can say so) is a 3 year old affair i have. As i was alone since 6-7 years, i wanted someone is life and she filled the vaccum. We are very serious and want to get married and settle asap.

 

Now a few questions ????????????

 

- I know going to courts is a big hassle...!!! but how much is the minimum time period it takes in court to get a divorce.. Are their fast track courts for divorces ? Is this procedure real tedious and full of harrasement for the entire family. i have read at any places, handling police, Women cell, etc etc ...is a real pain ... how true is it ??

In your case, it takes minimum 5-6 years.  Fast track slow track, forget all that.  It is family matter, court does not take any urgency in deciding on your divorce petition.

Pain, it depends on what is your perception of pain.
 

- She wud surely go for DV and dowry cases against us (me and my mother/sister)... how can we tackle this... ??

Secure anticipatory bail.

As we NEVER - EVER have taken a single rupee from her or her family .

Not taken 1 re, or taken 1 re, false case or genuine case of dowry, both take 5-6 years to get over.

Infact we are still maintaining her till date... (her food/ clothes/ fruits/ juices/ AC bills / Internet bills .... even the smallest expense etc are all paid by me). As she already has many investments as FD's in banks etc etc,

if payment is made through cheque, then secure such transaction reciepts.

can she go for dowry case against me / family ??

Yes.

 

- If we prove the dowry case to be fake, do we get some leverage in the court and can we request the case to be cancelled as it has been proved fake. THEN, what shud be the next best suited step .....????

If she has filed false dowry case, and it proved beyong all doubt that none of the allegations are true, then approach FC with such dismissal orders of dowry case [498a] and then divorce is gauranteed.

 

- She threatens us to use fake DV case against us...and prove that i have hit her on many fake dates in last 6-7 years.. how do i tackle this...? she even says she will prove it wid fake witnesses and medical certificates. how can i save myself here ??
For each allegation made, one has to give factual evidence.  No evidence.  No case.  as simple as that.
 

- she also threatens us to do something to herself and blame it on me. to save myself, i have installed cctv's camera's inside my house, as i am true on my end. Otherwise, how can i handle this now if she anyday..tries doing anything insane to herself..

Approach nearest police station.  File complaint against wife ASAP that she has got suicidal tendencies.

 

- how can i have the custody on my son ?? he is very very close to me..as he sleeps with me, wakes up with me, eats, plays and goes out with me.. His mother is only a tutor for him as i am in office and she comes back early and make him do his homework etc. Otherwise she does not even takes care of his meals and other small things he needs. BUT, wud the court understand this... ??? I CANNOT LEAVE MY SON at any cost...!!! plz advice how can i get his custody in court....

Custody case, [contested] 4-5 years, mother usually gets custody of kid, your kid will have option to become ping-pong ball once he turns 12, he can either stay with mother or father as per his wish, but now as he is 7, he stay with mom and you can only get visitation rights.

 

- As i have an affair, how bad ishe can use it in court ? she knows much abt the affair and even the girl. I read adultery is'nt punishable in courts, but can she take advantage of this..in court ? OR can it really go against me ?? plz advice... ( I also read, getting into second marraige helps in getting custody of child too...is it true ???)

She might file adultery case on you, if proved guilty, you sit cooling heels in jail for 5-7 years..  First come out of headache No. 1, ie first marriage, then think of second one.

 

- what maintainence cud the court grant her....??? how wud it be calculated and how can i avoid giving a higher amount to her ?? can i sell off my properties ? any other suggestions.....

If she is working no maintenance.  If not working then 1/3 of your take home income.  Regarding bolded text lot ways there.

 

- how can i give her that one blow and make her realise her mistakes. TILL now i am at the defending end..... can i ever attack and make her feel guilty in the court of law.. ? what are the possibilities.... and ideas ?
Yes, you can blow air on her face, and if she is kind enough she wont file a PWDVA case on you, that is the blow you can give to her.  

Of other ideas, if she files false cases she can be imprisoned up to 7 years, if that is the blow what you are talking about.
 

wud really appreciate all experts views...

 

thanks...