Q1. What happens if I am unable to appear in the court on the date mentioned. I am unable to make reservations at such short notice and also unable to obtain leaves from office at the start of the year.
You can engage a local advocate and ask him to represent all the respondents during your absence in the court on the date of hearing.
Q2. Am I allowed to put an application online or by a family member for a date in future. Or will the court issue a warrant against me or pass an ex-parte judgement in my absence.
Online applications are not entertained in court, you can appoint an advocate to avoid exparte orders.
Q3. Can we obtain the original copy or full copy of the allegations online by any means. Without having to appear in court on hearing date.
You can get the copies only through court and not online without appearing before the court.
In the prayer/notice, the petitioner (my wife) has leveled multiple fabricated and baseless allegations.
Challenge them during trial of the case.
Q. Do they come up for discussion during the said hearing? Or only during divorce proceedings?
The allegations of a case are to be challenged during their trial proceedings.
In one of the allegations my wife had accused me of manhandling and verbal abuse when she came back to my home after a gap of about 4 months. Whatever shouting and disturbance of peace she caused was witnessed by my neighbors.
Q4. If I wish to include the testimony of my neighbors who witnessed this quarrel or those who have assisted in the marriage solemnization, how do I go about it? Can written statements like affidavits be made admissible as evidence in court?
If your neighbors are ready to depose their evidence as witnesses, they can be roped in as defence witnesses. Their written statements cannot be considered as evidence.
Q5. Can I take a sworn affidavit from them to produce in the court during hearing of my divorce or interim maintenance hearings? And if yes in what format such an affidavit may be prepared. And can I make the accompanying cousin of my wife a respondent or party to the hearing, and how?
All these people can be listed as defence witnesses and can be mad to depose evidence during defence witness stage.
Q6. We are under constant advice from family & friends to give her a second chance and bring her home for the second time. Do it think it is advisable and if we have to do it, then what precautions to take prior to bringing her home or starting a dialogue.
If at all you have decided to take her back, you may impose certain conditions that she will not resort to such humiliating acts, shall not indulge in cruel acts of abusing and yelling or misbehaving etc.,
Q7. Can we charge them with a divorce of other case with the grounds that the marriage was done with malafide intention of making money by means of alimony.
You have to prove your allegations with documentary evidences for this .
Q8. Can she now, after having lived separately for 10 months accuse me of dowry harassment or domestic violence and will court believe that?
Whether the court will believe it or not shall depend on the arguments made by both sides, however since this is a continuous offence she can very well make such accusations.
Q9. In the court of Kolkata/WB is there any fixed amount to be paid to the wife as interim maintenance under this section? I have heard that in UP, the amount is Rs2000/- pm.
There is no such rule anywhere but it depends on the circumstances of th case.