Thanks a lot for your replies and kind words in this time of trouble for me. I just pray that no one else has to face what I have gone through.
As you are a legal advisor here and I felt that your last post was pretty pointed, I am replying to that even though there is no necessity for me too. I will appreciate if your intent is to really help and not be judgemental, as I was looking forward to getting some good, expert replies from this website & not judgemental replies - that too on unknown facts.
I have seen a few judgements and they all seem to award some maintenance to the wife.
Which all judgfements have you seen???
District Courts websites have court orders in pdfs. You can have a look at any state's court orders. They come with the name of the judge, case details and signed & sealed - everything. I don't want to quote which exact court orders I have seen.
So, if the court awards maintenance, can I still get divorce after that? My lawyer does not seem very positive about that.
What is the connection between awarding of maintenance and you getting divorce? Am not able to get your question.
My lawyer (who is very impressive btw) has been very firm in insisting since the beginning that in these cases, whatever happens, maintenance is unavoidable. He said (not me): The court awards maintenance in 99.9% of cases of domestic violence if husband and wife are not staying together & wife is not working but husband is, whatever be the premises of the case. Even if she has made false allegations which she cannot prove (and I cannot disprove also).
So, if that happens, would it mean that I am de facto guilty if my wife says I have abandoned her? (even if the reverse may be the case, how can I prove that?). In that case, its a surety that the court will award maintenance to the wife and not dismiss it. Then how will I get divorce? Rest assured if that court does that, I will appeal in higher courts.
Read the following paragraph carefully:
IF YOU HAVE COMMITED ANY ACT OF DOMESTIC VIOLENCE for eg: shouting at her, abusing her, beating her black and blue, kicking her, not giving her proper food and clothing, not leaving her to go out of the house etc THEN YOU ARE IN GRAVE DANGER, YOU WILL BE PUNISHED UNDER THE AFORESAID ACT.
What do you mean by shouting at her? What decibel level counts as shouting? That is the vagueness I was talking about. Although she won't be able to prove that, I won't be able to disprove that too.
Rest assured, I haven't done anything of the sort you have mentioned above.
iF you have not commited any such act as I've described above in simple words, then no relief can be awarded to the petitioner [here your wife] and such case will be dismissed.
When the DV case gets dismissed, you will surely get divorce.
My wife has not been able to provide any evidence of domestic violence as you have described below. Still the case is going on.
Looks like you have created some mess for yourself, so only you are asking such questions, and is the reason your lawyer is not positive about you getting divorce.
Thanks a lot, that really boosts my morale. My intention is not to argue with you, but just to make you understand that if you really want to lend a helping hand it will help if you be more polite. I have understood that if you are a good law abiding citizen of India, then you will really have a tough time with Indian courts & especially if you are dragged into it for the first time. Especially if you are a married man in a bad, abusive marriage. Also, I am not surprised by your comment above, as regardless of circumstances, people look at you as a bad person if you are a man having trouble in your relationship. We are supposed to be strong & thought to be the perpetrators of abuse all the time, whereas women are always thought to be weak. (Please don't think that I don't have my share of supporters / well-wishers, I have many, but they are not legal experts).
Whether you like it or not, accept it or not, that is the reality and it also reflects on the social implications that a law has. I feel like I am stuck in a hole for no fault of mine and nobody seems to say anything positive (in the legal respect). They all say you can't do much, but wait.