New here ---- dv case .. plz help !!!

1. Gift or sell of your property .

2. File for Divorce and first read the grounds for it . Contested cases takes years .

3. As she is a able bodied working women she cant claim maintanence from you but you should get a salary slip of hers and keep it as a proof with you and produce it as evidence when the time comes . 

4. Retain your son with you come what may . Custody of the child would be decided upon welfare of the child .

5. Even if she files Domestic violence on you all the court does is pass a protection order once the allegations are proved .

6.For any DV to be proved it has to be accompained by a medical certificate along with a FIR which i presume does not exist in your case .

SO stay cool relax .

hey stanley..

thanks a lot.

plz help me with the questions 2 and 3 too..

how can i prove welfare of son (with me) in court ? he sleeps, eats, plays, studies with me.. i do not go to office 3 days a week just beacuse i have to spend time with him.. i cannot leave him at any cost.... she does nothing....

While @Stanley's advise about gifting and selling properties appears to be logical, I have seen people jumping from one frying pan to another or worse, when doing so. So, just keep your properties. Otherwise,selling in a rush in today's economy will be your first financial loss from this mess. Gifting is a delicate issue. If you do it to your son, who knows how your wife will manipulate him in the future. If your parents, there are other issues too. It is never that simple.

Your parents stay with you. The question that I have is: is that residence where you are currently staying owned/rented by you or by them? If owned/rented by them, then you  have a legal loophole to avoid DV which has not been explored much. Let me know, then I will give some suggestion.

Since you have recordings of her and she has recordings of you, do not worry about them as long as there is no evidence or witness to come forward that you actually hit her. As for DV case, it will take its time depending on the Judge. Protection Order will not give her anything more than what she already has. She stays in your home, you may not be able to throw her out. You will be asked in the Order to stop verbal abuse, etc. As for your affair, she can use it against you for seeking divorce based upon mental cruelty but she does not want divorce. 

Agree with @Stanley  that you should go ahead and file divorce based upon mental cruelty to you and your family (which results in more mental cruelty to you). Get doc certificates that your father's health problems were created by stress in  domestic matters. Get all recordings in order. Get transcriptts of the recordings. Get all this evidence exhibited in your divorce filing.

With a monthly income of 40000+ you have nothing to worry of her maintenance. In any case, take my advise... it is worth paying some monies to get such headaches out of your life. So, if that becomes the critical point to get divorce, give it to her. A poorer happy life is better than a richer life with constant turmoil.

From your writing, it is clear that you are fairly educated, so a word of advice:  Use advocates only for procedural reasons. Read carefully every filing before you sign it. Our advocates have the dirty habit of shoving papers just minutes before the hearing and asking you to sign on them. Make sure that you DO NOT SIGN anything unless you have read it at least a day in advance, no matter what!

And finally, as @Stanley puts it, "stay cool, relax." Yup! That's very important!

@ rising up 

Go through a no of posts in child custody section you will gain a lot of knowledge .Secondly wishes of the child too would be considered .And secondly stick to @ Samir's advise , do not sign any paper unless you have read it . In case the advocate behaves dirty or pressurises you ,state that only after reading the papers 3 days in advance and after making the necessary changes in it you will sign on them else you can state that we can submit them on the next date.

Do Not worry DV cases take 5-7 years to come to a judgement. Advocates play dealying tactics to extend your case and seek date after date on flimsy grounds as its their source of revenue and remember both sides.