Divorce case based on cruelty
I have filed a divorce case in Dec 2014 against my wife after a 2 complete year of separated life, she is staying with my 2.5 year old daughter in India. I also filed a custodian OP. We married in 2011 and lived together for 1 year abroad. She had taken almost 6 lacks from me during this period ( of that 3 lacks has evidence -online bank transfer -and she closed those bank accounts when I asked for my money ), she was very greedy and extravagant.
She is loyal to her mother only, she is not at all ready to adjust/compromise on issues, very aggressive character, we had a lot of fights since the day of marriage. She had manipulated everything in a favorable way in her petition.
On reading that petition, everyone will say am the culprit.
She had left to India in dec 2012 along with kid, when we had an argument regarding her regular bad behavior to my mother. My mother came to stay with us to look after the new born baby. I did not kept any contact with her after she left me. But I tried for a compromise 3 times via my relatives/local politician/NSS members and a lawyer-Councillor - this is only to obey my family and friends as they requested me to try one more for my kid. But Anyway it did not worked out coz she stood on the reason that, I have to avoid my parents forever and to stay with her alone. So I filed a divorce petition in Dec 2014. She did not attend 3 counseling sessions and the case is now directly posted for hearing in Nov 2015. Her reason was severe back pain for not attending counseling.
Her stand is very clear, she will never let me leave her, will do all possible ways for holding me. But she dont want to live with, coz she only spoiled all chances. But she's always sending messages like am the culprit and am not letting her to live with, even romantic messages. As she is extremely intelligent, am not getting what is her plan and what should I do now.
Now I fear that I will fail this case coz of the following reasons, I do not have an evidence for cruelty, only myself, my parents, sister and god knows what exactly her character is. I only have a 3 lack bank transfer receipt, and it cant be considered as cheating. She is well educated and was working in a school till Dec 14 regularly and resigned coz of the same "back pain" reason now and filed a family maintenance case against me asking rs 15,000 monthly.
She had pledged all her ornaments and deposited all her money in a private finance along with the money she took from me, so she is getting almost 7%-10% interest MONTHLY, no documented evidences. Coz of this I did not pay any maintenance charge yet regularly. ( 5000 x 6 months paid till now )
.About the 3 private counseling sessions, she is now saying that it was only for threatening her to get divorce. She is also planning to reveal my new relationship in court. She is playing sympathy game with highlighting my daughter.
The issue is that, I am not ready to live with her even if the case is dismissed, as am fed up with her character & attitude, I cant even think of such a chance. Also for the last 6 months am in a relationship with the consent of my family and we are leading a family life abroad smoothly and happily, so if the case dismissed, she may do something unpredictable. This relationship has started almost a year back and she is a new employee in my company.
Coz of my fear in her character, I changed all my ancestral & own properties to my sister name to get ready for financial fight.
Can I have an advise how to move further ? Am very much tensed.
What I do if the case is dismissed ?