Maintenance and recovery suit
Appreciate if you could help me with some legal advises on my issue with my wife.
Its been almost 5 years we got married, of which, we are living separately for more than two years now. Little differences in the opinions, ego clashes started from day one of our marriage but we managed to lead the life until 2014 (despite so many attempts by her mother to spoil). She joined me in US after marriage in 2011. Later on, she started her job after two years of marriage and worked for 1 year. During these years, she used to emotionally black mail n number of times saying that she will commit suicide if I don’t agree to act according to her wish. She tried all means to emotionally black mail every year in US. She left to India in Jan2014 for delivery of the baby in India. I visited India to see the baby after the delivery and also for the naming ceremony. Also applied visa for the baby. After getting the baby visa, she again started black mailing me now showing baby as a weapon. I’ll have to leave my parents, not look after them, her parents come and live with us, handover all the salary to her etc etc. I made several attempts (no records though) to convince her to join back by talking to her relatives, middleman, my parents etc. I left my job in US and came to US to sortout the matter with her. They even left to some unkown place to hide my daughter from me. I made all my attempts to reunite with her but nothing worked. I have not seen my baby in the last 2 years except on the first month birthday that I celebrated while I was in India for naming ceremony and applying passport. She finally filed a maintenance suit that includes dowry, her salary, maintenance for her in INR 3,00,000/- (50% of my US earnings – without considering the tax or expenditures) since the day she left to India for delivery, maintenance for the baby since she was born around INR 50,000 (again based on US earnings). Total suit was for 3 crores. She used my bank statements, salary slips and other documents that I sent her as a supporting documents for my baby visa. She also attached unshared property of mine to the petition. She also added my parents as parties. The petitions were presented under Section 9 of Family Courts act Read with Section 18 and 20 of HMA and Section 12 of Family Court act.
In addition to the above, she also filed Interim Maintenance petition and one for return of her documents as well. Its been 3 months the case is in district court.
1. Is she really eligible for Interim Maintenance as she is highly qualified i.e. MBA and also worked in the past. Also, she left to India on maternity leave but never returned to US to join back. She was even offered job in India by the same company she worked in US but she didn’t joined.
2. What is the best way/options to contest the Interim Maintenance. My lawyer says that I’ll have to give whatever court says for both wife and child.
3. She claims that I deserted her and she needs maintenance but how to prove it is other way round?
4. In response to their petition, our counters included – I’m ready to reunite but she is not coming, she did her MBA (highly qualified and capable enough to work) as she also worked in the past and finally I’m jobless in India for the last 7 months.
5. If at all Interim Maintenance is given, will it be based on my past earnings that too in US dollars although she is living in India?
6. What would be the next steps that I should take?
7. At the moment she filed only maintenance case, can she file any other cases on me?
8. She clearly states that she don’t want to live with me as she has a life threat for her and our baby. Based on this, can I file for Divorce? If yes, can it be cruelty and 2 years desertion or anything else?
9. She claims that she needs the documents so that she can pursue her further studies. Can she ask maintenance for education purposes as well?
10. What would be the rough Interim maintenance and anything can be done to reduce if it is high?
11. At the moment, I’m behind the courts every week and unable to get some job in India as I cannot go to US soon with all these issues. Opposite lawyer is asking for short dates whereas my lawyer is struggling to ask for longer hearing dates.
12. Can I ask for child custody / visitation rights? If yes, when is the right time?
Appreciate, if you could advice on the above please?