my wife filed false 498A and Dv case last year when we had long fights after i refused to ask my parents to stay separately. the chargesheet is yet to be filed on 498A. Before this happened, she had over 2.5 lacs of my money in her bank account and I had also purchased a joint land property with her from my funds. Since i was threatened, i alongwith my parents left our house to avoid false cases apart from 498A and save ourselve from police harassment. We got bail immediatley for 498A. Since then ( for past 7 months ) my wife has been living in my house and i with my parents are staying separately in a rented apartment. We did have some meeting recently through the lawyers wherein she wanted to come back and live me etc but has cretain demands which iam not willing to agree to so on the DV case the arguments will start now for maintenance etc:
Also note that she suffers from BPD ( Borderline personality disorder ) which was diagonised few days before all this happened and she left home with the medical reports so i don't have them. The doctor howevere i willing to help me in case the court asks her to provide her inputs on the diagnosis.
It appears that she and her family are holding my house as ransom to force me to agree to their demands which Iam clearly not going to agree to. Alternatively she and her family wants me to pay a huge sum as alimony to get divorce which is beyond my means as well so i have refused.
After careful thought and consulation iam going ahead with the following:
1) Iam filing an afadivit in the court saying that iam willing to take her back and that she can come and stay with me in the rented apartment and my parents will live separately in our house which is registered jointly in my name and my mothers name. I have been paying EMI for the same as well.
2) That she has to agree to go through proper medical assessment and treatment aat a good hospital. Although she refuses to beleive that she suffers from BPD but iam certain after having gone through the abuse for over a year.
I need some advise on the following:
1) in view of above, how does court look at their argument on maintenance? given thats he is currently living in my fully fursnished house, has over 2.5 lacs of cash from me which i have proof of and that iam asking her to come n stay with me.
2) what happens if she dis-agrees to my stand ? can i request court that i will provide her with separate accomodation and i alongwith my parents should be able to live in our house as she is not willing for first option.
3) She currently has residence orders from court which says i can't interfere with her possession. from what my lawyers tell me, it no way implies that i and my parents being owners of the property can't go and live there. if so, should we just go home directly and start living there without seeking any sort of permission from court? is there a provision in the law i can use to do this?
4) if we were to forcefully go and live in our house i beleive she would immediately request for cancellation of our bail under 498A. what can i do to protect myself and my family from cancellation of bail? is there any provision under the law to help me on that? from my perspective, iam thinking of getting 24 hrs survellience cameras installed in my house so that she can't go and make any false claims/allegations.
5) what happens if i stop paying EMIs of the house? how does court see it and can it go against me in court even if iam willing to provide her a separate accomodation? can the court force me to pay EMI and stay out of my own house?\
6) is there any other i can approach this to ensure that i don't conceed to any monetary demands or pay maintenance or let them keep staying in my house.
will truly appreciate any guidance i can get on the above. I would like to mention that, iam willing to reconsider resumption of marrige given her health condition and on human grounds however iam not willing to conceed to any ridiculous demands or paying huge amount of money or letting them use my home as a tool to put me under pressure.