1) wife  will make false allegations in divorce petition 

2) wife can force you to vacate the flat 

3) if wife files for divorce seek joint custody of your children 

4) wife will not get any alimony or maintenance as she is highly qualified and working 

1. DV case filed and withdrawn. This fact can be used against her to establish that she files cases causally.
2. A divorce case can be filed by her. Doors of Court are open for all. But will it stand or fall is matter of trial of the Given her record of filing a case and going back, it is unlikely to succeed.
3. She can force you out of shared house by filing application under Section 19 (b) and (d).
4. So far as custody of kids, a father is entitled to full custody of kids above 5 years of age. But there are exceptions, citing lack of income by father a mother can get custody of kids with visiting rights  to father.
5. Earning handsome salary, she is not entitled to any maintenance, but you need to pay maintenance to the  
6. There is no preventive vaccine against legal proceedings, you can only react to her legal moves.

Navigating a complex marital situation, especially involving children, finances, and allegations of domestic violence, requires careful legal strategy and an understanding of your rights and responsibilities under Indian law. Here’s a breakdown of your situation based on the questions you asked:

1. Grounds for Divorce and Rejection of Petition

Given the dynamics you’ve described, your wife could potentially file for divorce on grounds such as cruelty, given her previous DV claims, or on grounds of irretrievable breakdown of marriage if she argues that living together is impossible due to differences and disputes. However, whether her petition would be successful depends on her ability to prove these claims in court.

• 
  Divorce Grounds: Common legal grounds for divorce include cruelty, desertion, conversion to another religion, unsound mind, leprosy, venereal disease, renunciation of the world, and not being heard of as being alive for seven years. Differences of opinion and living separately by themselves may not constitute sufficient grounds unless they amount to "cruelty" or show an irretrievable breakdown of the marriage.
• 
  Rejection of Divorce Petition: If she fails to substantiate her claims with credible evidence, the court might not grant the divorce if you contest it effectively.

2. Rights to Stay in Her Flat

• 
  Possession Rights: If you moved into the flat with her consent and have been living there as your marital home, you may have rights to continue staying there, especially if you can prove that your contribution to the household and the flat has been substantial. However, since the property is in her name, she could potentially seek legal means to evict you, particularly if she files for separation or divorce.
• 
  Legal Strategy: You should document all investments made in the flat and any proof of her consent for you to move in and make those investments. This documentation can be crucial if the matter goes to court.

3. Custody of Children and Participation in Their Lives

• 
  Custody and Welfare of Children: Courts generally make decisions based on the best interests of the children. Given your involvement in their education and upkeep, and if you can demonstrate that their mother’s involvement might not be in their best interest (as in the lack of interest in their educational performance), you might have a strong case for custody or at least joint custody.
• 
  Participation in Education: As their father, you have the right to participate in your children's education. If your wife blocks this, you can seek legal redress.

4. Maintenance and Financial Support

• 
  Maintenance Claims: Given that your wife has a significant income and you currently do not have a job, you could potentially claim spousal maintenance from her, especially if your financial situation impedes your ability to support yourself. The fact that you have been a provider for the family and are currently facing financial difficulties strengthens your claim.
• 
  Her Maintenance Claim: Given her high income, it is unlikely that she would be awarded spousal maintenance from you unless she can demonstrate higher financial needs that justify it.

Legal Steps to Take:

1. 
   Consult a Family Lawyer: Given the complexity of your case, consult with a reputable family law attorney who can provide guidance based on all current local laws and any recent legal precedents.
2. 
   Documentation: Gather all evidence of your financial contributions, communications about your living arrangements, and any interactions that relate to your children’s welfare.
3. 
   Mediation and Counseling: Consider mediation to resolve some of these issues amicably, particularly for the sake of co-parenting effectively, if possible.

In the above situation it’s better you go for mutual consent divorce without alimony. Custody can be decided mutually or if not then you need to contest 

1. She can file divorce case on any unfounded grounds also but you can challenge the same on merits and get it dismissed.

2. If the flat is on her name she can demand you to vacate the flat failing which she may file a suit for eviction.

3. You can file child custody case and get orders on the basis of documentary evidences in your support.

4. Divorce case you can challenge and get it dismissed but child custody case you have to strongly contest on merits.

Dear Client, Based on the situation you have described, your wife can file for divorce again. However, for it to be granted, she must prove valid grounds under the Hindu Marriage Act, 1955, such as cruelty, desertion, or other legally defined reasons. General differences of opinion or living separately without valid reasons may not suffice, and her petition could be challenged. Regarding the flat, if you moved in with her consent and contributed significantly to its furnishing and maintenance, you cannot be forcibly evicted without a legal process, and you may seek compensation for your contributions if you are asked to vacate.

Since you do not intend to divorce and want to remain together as a family, you can file a restitution of conjugal rights under Section 9 of the Hindu Marriage Act, which legally asks her to resume marital duties. On the issue of child custody, the welfare of the children is generally considered. You can seek joint or sole custody, citing her neglect of the children’s education and other activities, and provide evidence of her behavior that impacts the children negatively. As for maintenance, your wife's significant income and your current unemployment situation could entitle you to claim maintenance under Section 24 of the Hindu Marriage Act during court proceedings. However, she may not have a strong claim on maintenance from you because her salary is very high and you do not earn at present. Seeking legal advice and proper preparation of the case will prove beneficial in protecting your rights and achieving the best for you and your children.

Hope you find this answer beneficial for resolving the dispute. 

Q1: Are there substantial grounds for your wife to file divorce again? Can her divorce petition be rejected?

For a valid divorce petition, the grounds must fall under those recognized by the Hindu Marriage Act, 1955 (assuming you are Hindus). Common grounds include cruelty, desertion, adultery, conversion, mental illness, etc. Mere "differences of opinion" are not sufficient grounds for divorce under Indian law.

However, if she alleges cruelty (mental or physical), desertion, or other legally defined grounds, she may refile. Given her previous allegations of domestic violence and mental harassment, if she provides substantial evidence, it could form a basis for a divorce petition.

That said, you can contest her divorce petition if:

• The allegations are false or unsupported by evidence.
• You demonstrate your willingness to reconcile and live as a family.

Courts prioritize preserving marriages unless there is irrefutable proof of grounds for divorce.

Q2: Can she ask or force you to leave her flat?

Legally, as the flat is in your wife’s name, she has ownership rights and can ask you to vacate. However:

1. 
   Consent to Move In: Since you moved in with her consent and contributed significantly (₹10 lakh for furniture, appliances, etc.), you can assert this as evidence of your commitment to family life.
2. 
   Residential Rights: If she files a case under the Domestic Violence Act, 2005, she may claim exclusive possession of the flat. However, you can argue your right to residence as the legally wedded husband and someone who has invested significantly in the property.
3. 
   Mutual Agreement: If she insists on vacating, you may negotiate to recover your expenses or request alternate arrangements.

Q3: Can you prevent her from denying your participation in your kids’ lives?

As the father, you have a legal right to participate in your children’s upbringing. Under the Guardians and Wards Act, 1890, you can seek joint custody or at least visitation rights through the family court.

Additionally, courts prioritize the welfare of the children:

• You can argue that your active involvement is in the best interests of your kids, especially given their academic struggles.
• Courts may pass an order preventing her from obstructing your participation in their education and upbringing.

Q4: Can your wife claim maintenance or alimony? Can you claim maintenance from her?

1. Wife Claiming Maintenance:

   • Since your wife earns a substantial income (₹32 lakh per annum), she is not entitled to maintenance under Section 125 CrPC or any other provisions. Courts typically do not award maintenance to an independent, earning spouse.
   • However, if she alleges inability to meet her children’s expenses, she may seek child support, which the court may order.

2. You Claiming Maintenance:

   • As you are currently unemployed and without a stable income, you can seek maintenance from your wife under Section 24 of the Hindu Marriage Act, 1955 (during divorce proceedings) or Section 125 CrPC.
   • Courts may consider her income and your temporary unemployment to grant interim financial relief.

Q5: Does your wife stand a fair chance of getting a divorce and custody of both kids?

1. Divorce:

   • If her allegations are baseless and unsupported by evidence, you can contest the divorce. Your willingness to reconcile and prioritize the family will strengthen your case.
   • However, if she proves cruelty or desertion, the court may grant a divorce.

2. Custody of Kids:

   • Custody decisions prioritize the welfare of the children. While the mother typically gets custody of young children, courts may also consider the father’s ability to provide emotional and financial stability.
   • You can seek joint custody or extensive visitation rights. Given her reported neglect of the children’s education, this could work in your favour.

Suggested Steps:

1. 
   File for Visitation Rights: Approach the family court to secure your right to participate in your children’s education and upbringing.
2. 
   Negotiate Amicably: If your wife insists on divorce, explore the possibility of mutual consent divorce to avoid prolonged litigation, but ensure your rights to custody and visitation are protected.
3. 
   Protect Your Investments: If she asks you to vacate her flat, negotiate compensation for your expenses on appliances and furniture.
4. 
   Legal Assistance: Hire an experienced family lawyer to contest false allegations and safeguard your rights as a husband and father.

While your wife may refile for divorce, it is not guaranteed that the court will grant it if you contest and demonstrate your willingness to reconcile. Protect your rights regarding your children and financial contributions, and consider mediation to resolve disputes amicably. If the situation escalates, be prepared to pursue legal remedies for visitation rights and, if necessary, maintenance.

For personalized legal assistance, you may book a consultation to discuss the specifics of your case.

If you stay in separate cities then during child vacations your kids can stay with you 

You can refuse to pay high school fees as you are unemployed at present and cannot afford the high school fees

income is not the sole deciding factor in determining access to your children

if your wife refuses to permit you to meet your children? You can make an application to court seeking joint custody of your children

1. Welfare of kids is paramount for all including you. Income a parent should be sufficient to support good standard of life and education to kids. It does not mean that income should be hefty. Not every good school is expensive.
2. If you want to be with kids, is not good idea to up root them from Pune. Sans parents and siblings there is no reason to stay in Delhi.
3. Question of visitation arises only if you are prevented from vising. In that case you can certainly approach Family Court in Pune seeking vising rights.

1. How will joint custody work as I belong to Delhi and my wife stays in Pune?

Joint custody requires cooperation between both parents. While logistical challenges exist due to your residence in Delhi and your wife’s in Pune, courts prioritize the child’s best interests and often adopt the following approaches:

• Physical Custody Schedule:
  One parent may have primary physical custody (e.g., your wife), while the other parent (you) is granted extended visitation rights during vacations or weekends, subject to the distance.

• Shared Responsibilities:
  Both parents can share decision-making responsibilities, such as education, healthcare, and extracurricular activities, even if physical custody is predominantly with one parent.

• Relocation Considerations:
  If joint custody is awarded, you might consider relocating to Pune to make the arrangement feasible and maintain a regular relationship with your kids. However, this is not mandatory, and the court will devise a practical custody plan.

2. If I am unemployed or retired, does this mean I have no right to stay with my kids?

No, your right to stay with or have a relationship with your children is not solely determined by your income. Courts consider several factors, including:

• Parental Bond: Your emotional bond and involvement in your children’s upbringing are critical factors in custody decisions.

• Children’s Welfare: If you demonstrate that your presence positively contributes to their upbringing, the court will not deny you access due to financial constraints.

• Your Well-being: Courts often consider the emotional and social implications for parents, especially those without support systems, and ensure a fair custodial arrangement that maintains your relationship with your children.

You have a right to your children’s company regardless of income disparities, and the court will factor in your circumstances during custody deliberations.

3. Can I deny paying high school fees immediately or change the school?

As a parent, you have a say in decisions regarding your children’s education, especially if you are the one paying the fees. Here are your options:

• Refusal to Pay Excessive Fees:
  If you believe the fees are unreasonably high, you can formally communicate your inability to pay and suggest alternatives.

• Request for Change of School:
  You can file an application in the family court requesting a school change based on your financial situation and the best interests of the children. You must demonstrate:

  • That the new school offers comparable educational standards at a lower cost.
  • That the high fees are unjustified and unsustainable.

• Court Order:
  If your wife resists the change, the court may decide after considering both parents’ financial conditions and the children’s needs.

4. Can I file a visitation application without a custody or divorce case?

Yes, you can file a standalone application for visitation rights without initiating a custody or divorce case. Here’s how:

• Guardians and Wards Act, 1890:
  You can file an application under this Act seeking visitation rights. Courts may pass an order ensuring that you have regular access to your children, such as:

  • Scheduled weekly or monthly visits.
  • Phone or video calls.
  • Extended time during holidays or vacations.

• Focus on Welfare:
  Emphasize that your request for visitation is in the children’s best interests, ensuring they have a healthy relationship with both parents.

Suggested Steps:

1. 
   Legal Consultation: Hire a family lawyer to assist with the visitation application or other legal remedies.
2. 
   Negotiation: Attempt mediation with your wife to establish an informal visitation schedule and discuss school fee arrangements.
3. 
   Document Communication: Keep records of all communications with your wife regarding visitation, fees, and custody, as this can be helpful in court proceedings.

For further guidance and personalized assistance, feel free to book a consultation.

In this case joint custody will not work.secondly you need to get visitation rights order from court for better access to your children 

1. This is a practical situation, you may have to arrange to have the custody of the child with you at Delhi and she may take the child to Pune during vacations and vice versa. It is a mutually agreed condition and can be reduced to writing to get an order from court accordingly.

2. You have to save for your future during your lifetime instead of depending on your kids at your old age without any means to survive. If you are not able to spare money for education expenses to your children after meeting your own liabilities you may refuse to pay any.

3. You cannot afford to pay high fees for your children as per the whims of your wife. You can refuse to pay.

4. You can file a child custody case and ask for visitation rights.

Courts would  not uproot the children, from Pune

2) if you’re staying in Pune, then joint custody would be a feasible, proposition,

3) if you are planning to shift to Delhi, then in such case access to the children would be on your visit to Pune or On children holidays,

4) Wife is earning more than you, then she has to be bear the lion share of expenses for children’s education

5) Court would not separate the children

You have vented out your emotional feelings which will not find a legal solution.

You can file a petition for child custody with proper reason that would draw court's sympathy but you have to convince court about your capability to take care of your child properly.

The court will not consider what you spent for your child so far or your own expenses just because you have shifted your residence from Delhi to Pune.

If you are interested in joint custody then you may have to fight it out legally on the strength of documentary evidences in your favour and merits in your side.

It depends on court order if your mutual consent fails and you both dont agree on terms 

Hello, I Would suggest booking a phone consultation so that we can discuss everything as over chat it's a bit difficult to give any proper guidance.