Maintenance agranted in DV case still new case filed CrPc125.
Request your expert advise…Plesase guide me.
My self Apurva Kapoor married in Apr-2004 in Maharashtra & have Kid son.
On 9th Dec 2007 my wife had filed 498a case against me & my parents under sections-323,504,506,34 & allegations were - she was thrown out of matrimony house, physical & mental torture for dowry of 5 lakh for the purchase of flat. Somehow I managed & there was no arrest in 498 case.
Immediately after 4-5 my wife filed another case against me under Domestic Violence act with sections-18, 19, 20, 22, 23.
Charges in both the cases (498a & DV) were exactly same & there was prey for maintenance & compensation for physical & mental torture. Important thing is that both the cases were filed from my wife’s parental town. Thanks to all false allegations & contradict statement given by my wife & her parents during 498 trial judgment we are acquitted in 498 case(result came after 3yrs)
DV case result came in Dec-2012 & I was asked to pay 7000/- as monthly compensation to my wife & Son. Within 60days time my wife filed as appeal against this order in District court & demanded higher monthly maintenance. Also, filed one more case under CrPc 127.
Last week District court have passed order & gave 3000/- increase i.e. effective Nov-12.
As I was paying interim compensation during this period so I have to pay arrears basis Rs.10000/month. Settlement of arrears amount not yet finished.
My wife is educated woman …was doing job before marriage. Unfortunately I am not able to find her current working status.
I have below queries & need expert advise -
Till date we both have not applied for divorce. Wife is also not interested to come back/cohabit with me.
Till date my stand in the court is – “I am ready to cohabit with wife & same is the stand from her side too” but once we come out of the court we follow the path for home path.
My wife & in-laws are financially good but still running behind my money & harassing me by using gender biased laws.
So we are officially separated for last 7+ yrs.
1. Am I doing right thing by not applying for divorce...?
2. As we separated for such long period (7years) can I go for divorce basis that..?
3. Can you please advise on the grounds to be used to file divorce petition..?
Today I have got summon for one new case filed against me under CrPc section 125(3).
4. If court have passed order in DV case just one month before how can she register new case under CrPc 125(3) when the current case (CrPc127) is pending before the court is also for maintenance money..?
5. There should be some law/clause by which I should put hold on such maintenance increase requests. Once order is passed by Court there should be some gap to go for further maintenance increase request. Please advise.
6. What if I leave my current job becomes unemployed for 6month or year period and avoid maintenance payment..?
Thanks in advance.