1: She is not living with me since Dec 2012 but living with my family at my native place.
Good. This helps you. File an RCR application just for the sake of formality but make sure she never returns. Wait for two years from the time she left then file divorce based upon desertion by her.
2: She had an affair and she accepted the same, but I don't have any concrete evidence (except some call recording, which can give me hints about her relation but not as strong as evidence) for the same.
Get as much recording as you can. Try to talk to her smoothly as if you want her back and in this pleasant conversations get her to admit her affairs when she is off-guard.
3: I don't have any child.
Justifies divorce, morally speaking.
4: My family will not support me for this divorce, they might be stand on her side or in best situation they can be neutral.
Family's support has no legal role to play.
Now my queries are ;
a: On what ground I can file a divorce.
On desertion and mental cruelty resulting from her affairs. Go see a psychiatrist. Pretend to be thoroughly depressed. Buy medication and throw it away. Keep all bills and prescripttions. Do this until divorce is granted. Present proof as part of your affidavit. Present a very depressed personality before the Judge. Never smile or laugh at anything.
b: If I talk smartly and try to record her confession about the relation on phone, shall it help me to make a ground for Divorce.
Absolutely will help you. During that conversation make sure you get the full name of the man and possibly other details.
c: Can court force me to live with her, In the situation If court reject my divorce plea.
Do not rush into filing a divorce petition now. Patience is a virtue that plays a big role in divorce proceedings. Be patient. File divorce only after you have all evidence ready and after the two years have passed since she left you. Contrary to the court forcing you to live with her, you should be pretending to be eager to live with her. Otherwise your desertion argument falls apart.
d: I don't have any property on my name, can she make any claim for share in my ancestor property, which is hold by my father.
Absolutely not (unless the new law gets passed which I doubt it will get passed). Do not do anything crazy in anticipation like transferring properties, etc.
e: I am salaried employee, what short of compensation, court can set for her.
Depends on her earning abilities too and other factors. Difficult to answer in one sentence.
f: what counter case she can file, I just heard, that after 5 years of marriage, wife cannot file dowry case against husband (is it true?)
She can and will file a lot of counter cases. Just let the law take its course. DO not get intimidated.
g: If I change my religion (Hindu to Islam) and give an affidavit in the court for the same, can I go for second marriage without giving divorce her.
VERY STUPID IDEA. No longer sustainable under applicable law. Besides a man should never change his religion - no matter what. Just my personal philosophy. On the legal front a Judge will look at everything you say and do with suspicion.
h:Can I apply for anticipatory bail in the situation, If he file dowry case against me.
Sorry, I am not qualified or knowledgeable to answer this question... Seeking anticipatory bail itself is a sign of some form of admission... Again please consult a professional in this specific area.
I: Can I start to live in 'Live in' relationship when my case is going on in court, will it be a crime ?
It will be a crime if you start a live-in relationship with a married woman. Definition of adultery in the Indian Penal Code is bizzare. However, it will be a stupid idea to do so even with an unmarried woman while you are married. All her allegations will get solid grounds to be supported and your case will be thrown out. If you do so secretly, thats another story but still not a good idea while you have a divorce case going. What if this new love also turns sour while the first divorce is on-ongoing? Can you image what your life will be like? Be practical...
j: I also want to know that how log imprisonment should be expected. how soon I can get bail in case of dowry case is filed against me.
I am not qualified to answer this question but if you do get imprisoned and it is later proved that you are innocent that is solid grounds to grant you divorce - Imprisonment based upon false allegations amounts to mental cruelty. No other evidence is required.
Do not trust your advocate with your strategies. That will be fatal to your case. Just give him the bare minimum info required to file a case. Never sign any papers without getting two days to review them.
If you find this advice useful, please donate some monies to a poor student in your area. An advocate would charge you a few thousand rupees for this advice and half of his advice would be wrong -:)
