Hello Experts
A brief into my life history.
Got married in 2009. Did not demand dowry or take any dowry in any form. Wife however came wearing jewels (around 50 sovereigns). From the beginning their parents were asking me to stay with them in their house but I refused. We have a 3yr old girl baby.
Recently she has taken all jewels (including jewels bought by me after marriage & my personal jewels like rings chain etc) and both of our certificates and gone to her parents' house. She's refusing to come back when I went to call her and her father is threatening to kill me when I had gone there. So I took my parents to talk to them. They are refusing to send her back. Finally they agreed and when I took her to my parent's house they gave a false complaint in police saying we've kidnapped her. In the police station she said she wants to goto her parents' house for few days.
After going there, they've given one false complaint after another saying I'm beating her, having her certificates & having many affairs with other women. Now finally they've filed a FIR under dowry harassment section 498a & 506(ii)
I applied for AB in high court, the judge asked both of us to appear on court and heard us out. I told him they're giving false complaints and showed him some proofs of her interaction with me. Finally he said we both should go for counseling. Now mediation happened thrice but her parents are fighting even in the mediation room. My wife even shouted obscenities at my mother and even threw a sharp object on her. So I asked the mediator to ask her if she wants to live with me or not. She's saying that she wants to live with me but can't come with me right now. She needs 6months time and then she'll decide. Meanwhile she's asking me to relocate to her parents' house. She's also saying she will never divorce me.
Finally mediator has asked her to give a final reply whether she wants to live with me or not. She's asked for some more time to answer this as per her parents' advice. Her mother is making crazy demands like her earning will not be given to me but only my earnings should be used for running the house. And I should submit all income expenditure accounts to her mother!
How should I carry this forward? I'm worried even if she comes back she'll not let me live peacefully. Only the thoughts of my baby is affecting me a lot because her life will be completely ruined because of all this. My baby is very attached to me.
Can I file divorce due to cruelty by wife? How to go about it? How can I get custody of my baby?
Thanks