Dear Experts,
I filed a divorce case against my wife on the grounds of schizophrenia and cruelty. I have medical documents of her pre-marital schizophrenia. After around 3 months of getting the summon from the court, my wife filed a case against me under PWDV Act. The concerned Protection Officer informed me about the case filed by my wife and asked me over phone to appear before him. I told him to send me a summon otherwise on verbal instruction I can not appear. After around 1 month, the summon came from the court itself and in the complaint of my wife it was mentioned that the report of the Protection Officer is enclosed. It is an after-thought case as it has been filed after I filed the Divorce case. Moreover, in the complaint my wife has asked for 50% of my income (towards cost of alternate accommodation, medical expenses and daily expenses etc) per month. She made several false accusations in the complaint and hided her employment details. I have submitted written objections against her accusations and also another application attracting the notice of the court about her employment details. In the meantime, through interventions of common friends, all her belongings in my house have been handed over to her and she has given it in writing. It was told verbally that after the materials are handed over, she will agree for mutual divorce. But after getting the materials, she did not agree for mutual divorce and submitted an affidavit-in-chief to proceed with the PWDV case. In the Affidavit-in-Chief she reiterated her accusations as in the original case and has submitted that her materials are still there in my house. However, she has given me in writing that all her materials lying in my home have been satisfactorily received by her. On the other hand, in the divorce case, she initially gave her written objection and subsequently when the divorce plaint was amended by me, she did not give any written objection even after several dates granted by court. Subsequently issues have been framed for divorce, which primarily focus on why the case is not maintainable as she mentioned in her 1st WO and my pleadings in the case. My wife is delaying the divorce proceedings by sometimes remaining absent and sometimes telling that the date was not properly communicated to her by her lawyer. However, she is appearing regularly in the PWDV Case
In this context, my questions are :
1) What can be the reasons for not appearing in the Divorce case but pursuing the PWDV Case?
2) What actions can I take if I can prove that even after getting her materials and admitting it in writing, she has given false statement in the Affidavit-in-Chief?
3) What actions can I take when she has given false statement about her employment and earnings?
4) Any other suggestions how to proceed in the case
