Wife filing a case for maintenance
We got married by the Special marriage act in the year 2003 and have two children. I moved to abroad in 2006and we were at abroad till 2015.In 2015 wife has approached(without my knowledge) the embassy of India saying domestic violence, mental and financial torturing.
Embassy got involved ,helped them to go to India. No one has spoke to me from the Embassy nor from her family about all these developments. On that fine morning I saw the apartment where we are staying is empty and her phone is switched off. Latter I check with her friends and they only informed she and the children has left for India with the help of Indian embassy.
Next day I came to India and been to her house at Kochi and They were all there. Wife said it clearly that she doesn't want to continue the relation. Next day I got a call from the police station of my wife house jurisdiction that wife has filed a case against me citing all the above matters and adding that I chased them to India and forcefully entered their house and threatened her and family. I been called by police and warned not to enter their house any further. There was no contacts further from her side from that day. And from her neighbors I came to know that after two weeks she and the children were not at her house as they left for some other place. Latter I quit my job abroad came back to India and stayed with my parents.
Almost after three months I got a call from her saying that she is in Karnataka with children. And from her conversation I came to know that they are facing financial problems since she is not working. I moved to Karnataka immediately. Latter found a job there and almost last six months I was with them in Karnataka.
And on last week there is again some minor issues and for that she has approached the Karnataka police and filed a complaint against me on domestic violence. Police asked me to leave Karnataka immediately and if I have any issues settle it through the court.
Now I realized that when she called me to Karnataka she had some issues with her family also and they stopped sending money to her. That is the reason she contacted me and continued with me. Now she sorted out that issue and they started supporting her financially and immediately she kicked me out.
Now she has filed a case at Karnataka family court asking for maintenance. My advocate talked to her and she said she will not give a divorce. She wants money and I am away from her.
My question is, I was the one who taken care of the family from we married up to the time she left. And I am ready to give the maintenance. The last six months when I was working at Karnataka what all I earned is spend for the family only. So why she is filing a case for which I am already paying? I have some proof as bank transfer.
Can i put a claim on Children?
Can I transfer the case to Kerala where we both are having permanent residence?
I am ready to give maintenance but I need a divorce. So can I file a divorce case in Kerala?
Asked 8 years ago in Family Law
Religion: Hindu