Very high attention required - Kindly help out
A brief description - Got married in Nov 2005.
My wife obtained expartee divorce decree in March 2015 in Jammu and my son who at present now is 9 yrs old is also with her. My wife left Delhi for her parental home in Dec 2008 along with my son, when my mother from Punjab visited Delhi and was hospitalised. Due to her ill health my mother was on ventilator in Dec 2008 when my wife left Delhi. To this I filed divorce petition in delhi which got transferred to Jammu and also she filed for restitution of conjugal rights from Jammu in June 2009. With no single hearing in Jammu 2.5 years was gone and then in the year 2010 her parents approached me and again our families started interacting.
That time I was working with MNC in Delhi and was on the position of Asst. Manager with Rs.60000 in hand per month salary. To everyone's surprise I left my job and went to Jammu in Mar 2011 to work with my wife's father, who is a constructor. I invested Rs.25 lacs in their business (nothing was in written) Out of which Rs.10 lacs was cash and Rs.15 lacs was deposited at different intervals by my father in my brother-in-law and his friend (who is a verbal partner in their business) bank accounts in Jammu because I was not having any bank account in Jammu till that time. Due to my in laws & wife's hyper & very bad behaviour and other baseless issues, I came back to Delhi in March 2012 without my son and money invested. She refused to accompany me and I was very depressed.
Many times we called and sent mobile sms asking about money and tobreturn but all in vein. They called me in women cell Jammu & tried to file sec 498 but nothing was materialised at there end. Also my Father-In-law arranged many mediations in court to make my wife understand but all in vein. After long court granted her interim maintenance and that too due to my advocates purposely negligence, as it was not possible for me to visit Jammu every time.
Finally I filed Restitution of conjugal rights case in Delhi around Aug 2014 but since then they now accepted the summons. Also my wife filed restitution of conjugal rights case in June 2015 in Jammu and that too when they came to know that I had filed the same case in 2014. I went to Jammu on the summons and on the very first hearing of the conjugal case in Jammu, judge cancelled her Conjugal case due to her strange behaviour. She denied to accompany me in her own filed conjugal case.
Very next day my wife arranged to handover me in the Jammu court where I was to attend maintenance case hearing.
I never attended the divorce case hearing but my advocate appeared in the first hearing and he kept on lying me about the next dates of the divorce case and course of action required in the court. He also never filed reply and remained absent which I came to know after long time. As I was also not able to concentrate much due to my mother's ill health who was hospitalised 5 times in 2015.
After long time I came to know that my wife got the ex partee divorce in March 2015. In Dec 2015 I applied for the divorce judgement copy, where only one thing is written that I remained absent deliberately, so court is granting ex partee divorce decree to my wife.
I dont want to set aside the divorce case because maybe my wife will stretch the matter for long. Moreover inspite of filing my conjugal, she doesn't want to live with me.
Kindly suggest the course of action required to get my child back and my parents hard earned money. I want to file criminal case for money fraud and child permanent custody case. I sent some gifts occasionaly to my child in Jammu but last time in Oct 2015 they havent accepted the courier. Even I sent 2 legal notices against money in 2015 but they are not even bothered to reply.
My parents are retired and living with me in Delhi and gets good amount of pension, on the other hand since 2012 till date, I worked 3 different companies and earned good money. At present I'm not on job but will get it very soon. Kindly suggest what best can be done and also I dont want to set aside the divorce case, as I am 39 yrs old and can't waste more time and want to settle down in my life.