125crpc and 138nia
My wife left me in 2010 over an issue of child care. I wanted her to pay attention to my younger son's study ( my elder son was with my Inlaws since last 4 years to this)but she was not willing as was more interested to attend teaching job in a private nearby school. I tried my best to convince her about the importance of son's education but one day she unexpectedly blamed me for being to harsh and left my native home for her father's house leaving my son with my parents. For some time I kept quite but when during my illness she did not asked about my health I took it seriously and contacted my Inlaws but I was surprised to notice that all of them blamed me for what was happening . In spite of my requests to come back to home she continued to be with her parents.
I was surprised to note that by that time my wife had withdrawn two lacs rupees from our joint account and when enquired, replied very rudely. My parents were sympathetic towards her and compelled me to give her rupees 30000 pm to show her affection from my side but after few months she compelled me to give rs 50000 pleading that thirty thousands are not enough to meet expenses of her and study of my elder son. I started giving 50000 for some months but by now I was feeling that I was being cheated and sought intervention of one of my relative to settle the matter. First of all we thought of being legally separated by giving her one time settlement money but further decided not to move into any legality by signing for separation and gave her one cheque of rs 10 lacs and a post dated cheque of another 10 lacs.
But I observed that things were not working so I decided to stop payment of second post dated cheque of rs 10 lacs. On this she got served me a notice and filed a case in 138 NIA. At the same time she also filed a case of maintenance under 125 CrPC in which she has been awarded a monthly maintenance of Rs 20000 in ex parte decision. I am in a very harassing situation now as I not only lost my children to this lady but also being exploited by her.
I request your good self whether she could claim maintenance inspite of the facts that she willingly left me and was paid a huge amount of appx 20 lacs during past 4 years.
Secondly could she claim payment of rs. 10 lacs for stopped payment of cheque under 138 NIA.