Section 498A, 125 and DV act
I have been married since 2003 and have a son from the marriage who was born in 2004. My wofe has been harassing me to leave my elderly parents and move out. I am the only son with a younger sister who got married in 2007. Till 2008, i have been working in delhi and was staying in my parents house, however, moved to Bangalore in 2008 for further job opportunities, I didn't take wife and kids along as they were to take care of my elderly parents. I was in constant touch with everyone till 2010 as and when needed. However, the differences between me and my wife kept increasing as she kept insisting me to take her along, which I couldn't do due to my parents being alone and my financial situation not being that strong. In the meantime, she kept harassing my parents everyday for something or the other. In 2010, i came back to my home for few days, and took my family inclusive of my kid and wife for a trip to mussorie as well. After returning from the trip also the wife wasn't happy and still kept insisting to come along which i tried explaining her why I can't do it. Then she kept a condition in front of me that if i want my parents to be happy, she would take care of them and keep them happy only if I don't enter the house again. Not understanding the complexities hidden and for the betterment of my parents, i agreed to it on the condition of her taking care of my parents well.
Till now, i never gave her any seperate money as her financial needs were being fulfilled by my parents and she never even asked me for anything in particular except once where she asked me for a phone, which i bought and gifted her.
Post this, i was in touch with my parents and i got to know that she kept harassing them continuously asking them about the money they are holding, and property they have and get that transferred on her and our kids name, which my father denied to. All this kept continuing for few years and in 2015, ny father passed away. I went back to my home for his last rituals, where she created a big scene in front of all the relatives and physically attacked me and my younger sister by hitting us and injured us also. However, that time, we didn't take any legal action as we were already in a state of shock due to loss of my father and above all the situation she created. In last few years, she even moved with her stuff to the first level of the house and even forcibly took the appliances that were sent by me to my home for usage and she claimed only her rights on them, like a washing machine. My elderly mother kept washing clothes with her hands, while the wife never even cared about it and didn't let them touch the machine even if she wasn't using it but kept in her possession. This harassment continued along with pressure from her and her parents for the transfer of my father owned house to her and my kids name, which was refused by my mother. Also, during my father was alive, he was foreseeing these situations thus he also got a petition to get me and my wife out of his own purchased property rights and titles. So i have no legal rights on that property. Also, it isn't ancestral property. In the meantime i moved overseas on a company project and have been staying here.
In December 2015, the wife had sent me a maintenance petition under section 125, asking for a maintenance of 50000 for her 50000 for our kid.
The petition is pending our response. She took this step stating i am staying overseas so she can ask for this much maintenance from me. Also, she wrote in that petition that my sister and my elderly mother have been harassing her and asking for a dowry of 5000000, from day 1 of our marriage.
Which is surprising that she has been harassed from day 1 still she took an action after 12 years. Also, she has mentioned all this is maintenance petition, which should have been under a DV act. Now we fear that she would also file further charges against me under DV act and may also charge me under 498a.
Btw, she has mentioned in her petition that i have no contacts with her from last 7-8 years whatsoever. And she isn't even aware of my existence.
Now, i need help from the experts who can suggest me few points;
Evict her from the house which i legally don't have any rights on.
Get custody of my kid
File a divorce case against her
And all this done without impacting my career and job opportunities. Coz her only aim is to defame me and ruin my career and the only solution to this is if i foce my mother to transfer the house on her name.