Right to Maintenance under Section 125
Sir,
I got a show cause notice from my wife with whom I'm not living together for more than 2 years nw, asking for maintenance of 30K INR per month, quoting my salary to be around 70K.
Brief: We were married since Dec'09, blessed with a baby girl in Feb'13. During the period from Dec'09 onward we were under the influence of a godman who cheated us of a big chunk of money, and my wife was so deeply under his influence that she despite his cheating brought forth in light, trust him more than she trust her parents.
She gave away her Debit cards, gold etc..to him.
I put a F.I.R on the godman and got him behind bars on Apr'15 and mentioned in FIR of the cheating with us based on account transfers and also mentioned in one line that my wife is under deep influence of him and have challenged us of dire consequences if made any harsh attempt towards him.
Now once the fraud godman put behind bars on Apr'15, when he was spotted with my wife in a public place, she put a IPC 341,323 on me and left my home and my kid, putting false allegation of beating however I got FR post investigation and godman was in Custody for around a year and now out on bail from Supreme Court.
She has left home twice before the above incident without being in contact with us (Husband/Father) for more than 4-5 days for which we have a signed Police Report and no Mukadma or Missing report filed due to social pressure.
For last 2 years I as a single parent taking care of my kid, and did not wished to file a missing complaint or divorce from my wife because I never wanted her to be back in my life again due to whatsoever reason.
Now when my life was sailing so smoothly, she is back with this notice to show cause from a different city than my own city and working place.
I'm earning around 90K INR where if I cut down my all expenses and responsibility of my ailing mother and my kids education and her caretaker, I'm able to save around 30K INR.
She is M.Sc with B.Ed but have mentioned in her complaint that she possess no skills to earn money.
I request you all experts available here to please show me the way->
1] To respond to this maintenance request, either to zeroed it down in some way or how to minimize the same if I can not escape through this responsibility since I've been through the worst period of my social life due to her.
2] Also guide me if I present an argument that I can accept her back in my family, to kill this maintenance request, because she won't come back and she cannot prove the false allegation she has put.
3] Her family is in full support of me, and if I can use them in some way to make my case wins against her maintenance request because her family fears the same, that each and every penny if given by us will directly go into the pocket of that fraud godman who is behind all this mess. Please support how can we solve this mess and can make her family get hold of her?
I don't want to loose my daughter either who is now 4.5 years. Please help.
Asked 8 years ago in Family Law
Religion: Hindu
Dear Experts,
Thanks for your response.
Please advise on below:
1] Can I put a Divorce suit right now, since I've sufficient evidences ([A]copy of FIR where she has written that she was with Godman in a public park when police caught him, [B] her call/location details which clearly shows the day when she left home before it matches with location details of godman, I possess two such police reports sealed and signed from respective Police Stations [C] her meeting frequency with godman while he was under Judicial Custody [D] Her account statement which shows Debit of money from other states when she was claiming to be with me as my wife [E] Big rings and necklaces around neck which can prove her superstitious mindset. Can't I fight this case and defeat her maintenance case and secure divorce on mental cruelty ground?
2] If I put Section [9] along with inclusion of above points in my argument, can't I be defeating my own case? Like if above such incidents happened with me, then why I want to keep her with me?
3] Even if she denies to live together against Section 9, then too is she liable for maintenance?
Please suggest the better way out of this maintenance case and for long term peace in my life -> Section 9 or Divorce or both?
Asked 8 years ago
