I am working in Bangalore and married on December 2009 in West Bengal. After a two months stay at Bangalore, when my marriage got broken, my wife has filed false cases of IPC 498A,307,323,379,34 DP act 3&4 against all of our family members in West Bengal at her hometown.( Although we never stayed there, she stated false incident of Attempt ot Murder IPC 307 and Theft IPC 34 at her place). There is also CrPC 125 against me.
We all have got Anticipatory Bail from High Court as well as Regular Bail from District Court.
Police has submitted charge sheet without a single investigation in all cases except IPC 307 and 34. The case has not been started yet for hearing. She does not stay with me anymore.
Q1) Is there any possibility that she might again do a false 498A, or 307(attempt to murder) stating false incidence just to harass us again for getting bail (The trial would definitely need evidence) ? Can a fresh 498A be filed whether another one is pending in court ?
Q2) I definitely do not want her back, my lawyer advised me to file Divorce case in December 2010 just to avoid the above situation. Would that be a suicidal step for me ? Because, she might argue in court that for giving divorce only we harassed her.
Would be grateful, if anyone can suggest in this open forum.