Dear Sir,
My answers are as follows:
1. Last month my in-laws came to my home and threatened, abused a lot. I have called 100 but no complaint has been logged in ps. But I find it would have been better if I would have logged a complaint. Can I do that now ? As a safer can I log some case prior they proceed ? If yes how can I do that, where they should not know that.
Ans: Here are 2 options available.
Firstly, If she is staying with you, we would advice you to make call recordings or video recording of her making such threats.
Secondly, if she left your home then your make a written statement to the local police station stating that she left your house. If the case has already been filed we suggest you to hire a competent advocate to defend you in the court.
You also may want to prepare to file an anticipatory bail for yourself and your family if some criminal complaint like under Section 498a has been filed / is about to be filed against you and your family.
2. My wife is now 8th month pregnant, she been to her hometown. I suspect they may file 498 and maintenance on me.
So I would like to know, when there is a baby and when divorce granted who should take care of the kid ? Can she say that she don't want kid, I heard till 5yrs baby care should be taken care by mother, after 5 years can she send the baby back to me ?
Ans: Yes, upto the age of 5 years mother should take care of the and she is the natural guardian of the child. After that you can claim child custody if you want other wise you can support the child with financially.
3. I understand wife doesn't have right to claim for husband's property. But can she claim as there is a baby now ? About property it's on loan and it's just on my name. My wife or no one is included
Ans: Yes, your wife has no right over your property or any other property. Now she can claim for child maintenance only.
4.she was showing some false evidences as pic of some scar when her bangle was broken while cooking and where blood came out and she says it was because of my violence. How these kind of manipulated evidences treated by court ?
Ans: Court does not considers those evidences.
5. Because of so much mental trauma l, now I am not interested in her and seeking for divorce, what would be good time to proceed. I mean after delivery ?
Ans: No, you should not file divorce now. It is better to file RCR case first. if she refuses to come to matrimonial house within one year, then it is good ground for divorce, then you can file divorce case.