3.5 Years of Marriage, Wife(B.A.M.S.) Doctor and Not working
Hello and thank you to everyone for giving me your valuable time,
I am 34 year old, IT Manager working in Maharashtra. My Wife is a BAMS doctor from Betul(MP).
We got Married in January 2013 and have a girl Child who is currently 2 years and 6 months old.
Since, the beginning of marriage I found that my wife was not interested in me but rather on how much I spend on her. She spent almost 1 year and 8 months at her home in betul after getting married to me. She use to go to her hometown in every 2 to 4 months for 1-4 months.
During the time that she use to live with me, her behaviour towards me and my family was inappropriate. She was very lazy and never took any responsibilities as a Mother or a wife or a Daughter/Sister-in-law. With the frequent denial or least interest in Physical relationship, Cruelty towards my Daughter and other family members, Filing a false unregistered Police complaint and mentally harassing us, I decided to file a Police complaint in Commissioner office indicating her suicidal behaviour and harassment towards me and my family. Later, I also filed a case based on grounds of "Mental Cruelty" when she left to her hometown leaving my daughter with me. It has been 5 months she lives in her hometown.
She filed/registered a police complaint after the police complaint registered by me. She also filed a false Domestic Violence (dowry + violence) case from Betul against us. In addition to this, She filed Interim maintenance case under Section 125.
During the marriage life, I have been careful to record all her conversations over phone through Auto call recorder, Skype recorder and Whats app chat. In these, She has been caught given bad names to me and my family, Whatsapp chat clearly says that she would not give me divorce nor take responsibility of our daughter, Threatening warning by her brothers.
Now, her advocate put Maintenance clause under sec 125CRPC and Sec 24 in my case of "Divorse based on Mental Cruelty"
My Wife never worked after she got married. but She was been offered a job on phone by various employers. I have call records and confirmation from those employers.
I earn 22 lakhs per annum and my 2.6 yrs old daughter is the only dependant person on me.
My Questions are:-
1. Is Section 125CRPC valid as my wife has not been divorced yet?
2. Is section 24 valid as my wife has not been divorced yet?
3. Is she supposed to get maintenance as she does not have my daughter nor she has a job but is capable to get one?
4. Any suggestions or comments that would help me to get out of this marriage smoothly?