Divorce and maintainance
This sachiin raval from Mumbai
I had filed a case of divorce in family court Mumbai
In 2007 on the basis of desertion and cruelty.
The case was pulled for almost 7 years.
The family court has not considered any of my written and verbal Arguments.
Fc had given an order of rs. 5000.00per month as interim maintainance. Whereas the monthly income of my wife is more than my income.
She has admitted her father's will in cross examination and shows it in her balance sheet. Years income.
The court while giving final judgment doubles the amount of maintainance to rs. 10,000or to bring her back. I have filed the case in high court. And the court reduced the maintenance amount to see rs. 7000.00
The family court has errored in calculating the maintainance amount on my gross income, whereasincome of a ppropritory businessman should be considered on net income. Which the court has not considered.
Even though she left the house and did not return even after waiting for almost 2 years. And when I file the case for divorce she applies for restitution and maintainance after almost 6 to 8 months.
The matter had been referred to meditation by high court but failed to amicably solve the dispute.
My question is
1)Can the maintainance amount be reduced further from 7000 to rs. 4000 or so.
2) after putting all the allegations against me and my family. Can the court still force me to live with her.
3)does the court consider the age factor /status of the petirioner husband.
4)her monthly income is more than my income.
I. E. Almost 12000rs.which is a admitted fact by her.
And she has mentioned other income in the form of interest.
5) she has not produced her father's will which she has mentioned in her IT returns. Eventhough she promised the court to produce the same.
We had exchanged all the belongings on the day of mutual separation and in writing with 4 witnesses but the court has not considered that point also.
This also has been admitted by my wife in front.
Pls guide what and how do I make the case in my favour.what are my chances of winning this case.