Concealment of divorcee status and now Interim Maintenance
Got married in 2010 through matrimonial advertisement( I am from Delhi and she is from Kolkata) The biodata shared through email from wife and father in law omits the marital status. The job biodata of wife shared during that time shows the status as single. During registry marriage under special marraige act wife gives declaration that she is unmarried. Social marraige happens after six months. Soon after marriage trouble starts and wife calls police after three months and goes back to kolkata with all her belongings and giving written undertaking that she has taken all her beongings with her. The police and women cell takes no action as the complaint was false. She meanwhile returns on her own after few days by pleading sorry and joins job. As soon as she gets pregnant she again leaves and starts working in kolkata. Stays in Kolkata for 2.5 years. A daughter is born in Kolkata. All efforts to bring her back fails. She comes to my place after 2.5 years after much cajoling. Stays with me for 2 months and returns to her place with tickets booked for return. Once she reached Kolkata, threatens me with case and tells she is not interested in continuing. One years passes with no case and total blackout of information on her and my child. I visit after one year to discover about my child. They slap maintenance case under sec 125. I decide to investigate her background in detail. A distant friend reveals she was a divorcee. I get hold of both the true certificate copy of my registry marraige and her earlier divorce. I plead with the court that she is highly educated Msc Bed with continuous employment history before and after marraige with income around Rs 25000-28000 per month. I also attach her registry declaration of being unmarried and her earlier divore documents. She files her resignation letter placed just before her last visit to me for 2 months. Meanwhile I keep paying Rs 3000 on my own for daughter. Court awards Interim maintenance of Rs 3000 + Rs 3000 for child and wife. I earn around Rs 40000. I know she is working currently in the same place but donot have documents. Now:
1) What are chances of annulment and fraud case on wife? Is it advisable.
2) Can the fasle affidavit as being unmarried be a case of imprisionment as the same is written on the affidavit for court marraige.
3) Should I move for contesting the Rs 3000 awarded to wife in higher court and on what ground should I move?