Legal Question in Family Law in India

I have been married for 6.5 years now having one kid (girl) 4 yrs old. I can not stay with my wife anymore but want my kid to stay with me forever.

Relationship history:

1 yr after marriage we were out side India for about 2 yrs. Kid got birth in India.

My wife is not interested to have any kind of relationship with my family members. My mother passed away and I could not help her eventhough i wanted to and i could.

She forces me to keep the relationship with her family members else she fights at home and stop talking to me etc.

A year ago she went to her native for couple of months with kid and refused to come back after 2 months. I have put a condition to leave all the contact with her eldest sister's family as she decides everything for her family and my family and its too much interference in my family life. I explained many times to her but its of no use... so when she denied to come back i sent a legal notice to her stating to come back (conjugal rights execution or will file a divorce case) in response to which her lawyer has sent a letter putting many allegations to my family members. and in the letter it is also mentioned i am willing to come back if you will come to take me. If she has lot of problem with me why she is willing to come back?

Allegations that she imposed on - (one thing to know here is we dont stay with any of my family members)

498a - (I have taken gift in the form of DD from her father for a car. That was his willingness as he has given the car to 2 of his elsder sisters husband as well)

313 - Me and my father forced an abortion - (She was pregnent 2nd time and with her forcefillness i have to take that step. she was not willing to have another one. Not sure why she has put the blame on my father. My father was working that time and at my native that duration. She has mentioned that we got baby test done and when found a girl I forcefully aborted.)

Sextual harrassment by my younger brother - (after marriage i went out of india and waiting for my wifes visa so she stayed with my younger brother alone for a month)

I was forced to bring her back with above allegations i was scared for my family. I have not even been to any polica station and not having any political links to help me out in this matter. whereas my wifes family members are ragular visitors of courts and police stations for some of the real estate matters. They have good political links as well to threatened me and my family.

Now, I want to know 2 things, How to return the dowry amount to my wife? if i open a FD account with that amount for her will that help me?

2nd thing is how to get divorce in this situation without having any problems to my family?

I am living dogs life now if anyone can help with the directions would be of great help.

2 Answers from Attorneys

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