my lawyer in india has informed me that i am liable to give her maintenance money be my marriage is of 1 month or 10 years. i am liable to provide her money as maintenance for filing divorce. is that true?
AND
i am planning to visit india this december and she has threatened me that she will file the dowry case straight away so that my passport gets impound and i can't leave the country till the case is over? now my question is it true that once she files 498a against me police can impound my passport? and if my passport gets impound what are the remedies to free/release my passport from them?
It becomes the duty of the husband to maintain the wife and pays her to sustain her maintenance if they both are living separately.
However latest supreme court judgment says that a qualified wife cannot sit idle at home and claim maintenance, if she is eligible for employment, she has to pursue the same instead of seeking maintenance.
If she plans to foist false cases on you under section 498a or even 3 and 4 of D act, the police will not straightaway arrest you, but will make an enquiry and follow the procedures as laid down in section 41A of cr.p.c., by then you may obtain bail and challenge her false case.
No one even the court has got power to impound your passport on these grounds.
So dont give your passport even if asked for having a glance at it by the police or court, say that you have kept it somewhere which is not traceable.
They cannot have a search warrant for this.