I have a boy friend, who is married and has two daughters.
His wife had implicated him in a Criminal case by alleging that he tried to strangulate her and kill her, as he was seeing some other women. In fact she still does not have a German nationality and does not know German at all, but her complaint was registered and the police started investigations for the same.
In fact just after her complaint was registered my boy friend was taken into custody and had to spend the whole night in the jail and was also boycotted for 15 days from his house and the vicinity of his house to maintain the safety of his wife and kids.
During this period he was living with his relatives and friends, and his wife and kids were taken to a women shelter. My Boy friend was allowed to again stay in his house after the completion of those 15 days, when he came back he came to know that his wife and kids are not at home anymore and that they have been sent to a women shelter. He had written a lot of mails and after a numerous telephonic conversations he finally got his wife and kids back with him in his house.
His wife before coming and staying with him stated to the Police and the women shelter that she takes the case back and if he does not harm her anymore then she wants to live with him and continue her married life.
Meanwhile he also got the information that he was put in a tax bracket of separated couple, even though he was still living with her under one roof.
Thereafter he got an information form his lawyer that his name is reflecting in the National Computer System because of this criminal case and quite recently after the police filed the case in the court, he got to know from his lawyer that he has been sentenced from the court for a term of 3 months and do social work or he can pay the fine as bail and can close this case.
He did not accept this and went in appeal, his appeal was dismissed and his sentence was increased from 3 months to 4 months.
His lawyer was meanwhile suggesting him that it is really dangerous to live with his wife because if anything even though accidentally happens to his wife can be liable for him to get prosecuted and go behind the bars.
His lawyer recently told him that his file is again been reviewed by the New Judge and that a final verdict on his sentence will be pronounced soon.
He is unable to search for a house to move out from there and is unable to file for a divorce as the criminal case is not yet over. However, he has filed for the custody of the kids and says that the case is pending sub-judice.
My questions are:-
* I fail to understand how can his case of custody be heard when he has not filed for divorce at all?
* Why is he not able to file for a divorce under these circumstances?
* Why is he not able to search for a house?
* Why is his name still existing in the computer even when his wife has taken the case back amicably?