Dear Sir,
My answers are as follows:
1) My wife has sent lawyer's notice to me from Dhanbad, charging me with tremendous verbal abuse and physical abuse, abusive and insulting language, etc. on both her and daughter. It is completely false and fabricated. We had regular arguments or small fights like any other husband-wife may have but nothing or sort mentioned by her. What do I do? I suspect she will file a false 498A case.
Ans: You have to send strong reply notice denying all the allegations and also threaten to take defamation action for using such words in the legal notice. Secondly you may obtain anticipatory bail on the basis of such legal notice even before filing of actual complaint i.e. FIR u/s 498A.
2) She has falsely accused me of retaining her Streedhan and other silver utensils that she brought from her parental home. Fact is, for last 9 years she had a joint locker account in her own and my mother's name. But my mother never went to bank even once to operate the account. Only my wife operated it and we have information that she operated the locker two days before leaving our marital home. Inspite of all this truth can be falsely charge me under sec 406?
Ans; The issue is closed as herself opened the locker and presumption goes to show that she has taken all her Streedhan and jwellary.
3) Only two pairs of ear-rings of my wife and lying in my bedroom almirah which I have asked my wife to come and take away any day. She is now falsely accusing my sister (who lives in same building as me) of retaining all her jewelry and referring to a WhatsApp message wherein my sister acknowledged to her that she is having my wife's jewelry in her house. But actually, my sister only meant those two earrings pair which I had kept with her while my house was closed for a few days as me and my mother (who lives with me) were both traveling outside Kolkata. Later, I clarified this matter to my wife on WhatsApp message. However, she is just holding onto my sister's initial message and dragging her into false charges as well. Will the police or court buy her selective facts?
Ans: Messages are to be read in full and court will also look into subsequent messages sent by you and come to conclusion that she left only pair of ear rings.
4) I'm unemployed for last 18 months with no income. Previously, I had a good job. My wife has been a teacher for last 6 years and in Dhanbad too she joined school job immediately. Can she ask maintenance for minor daughter? She hasn't asked any maintenance for herself mentioning that she is working. In court notice she has lied that I'm working with 1.5 lakhs salary per month as she knows very well that I'm jobless.
My wife had absolutely no legal reason to desert me. She repeatedly asked me to shift to Dhanbad with her parents.
Ans: Get unemployment certificate from local authority like Tashildar ete, and produce the before the court. You may file divorce case on the ground of volunteary desertion. You may be asked to share 50% of expenses of your daughter which may be below Rs. 5000/- per month.