hi my name is prasad. I got marriage in 2012. My wife has somuch of ego and she won't listen anything, always I have to follow her instructions. She went her parental home nearly 1 year 8 months back but she didn't come to our home till date. She was pregnant at the time of leaving my home. My father-in-law took my wife from my home with the disputes. We have baby girl now, she was born one year back. Now my wife is not ready to come if I am staying with my parents. She is asking me to leave my parents then she is ready to join with me but I am not ready to leave my parents. My father was suffering with park-in-sun & his age is 62. I have one brother but he didn’t marry till date. My brother is not getting good salary to take care about my parents. I am only the person to take care about my parents. If I am not divide from my parents, my wife has given the warning to me she will file a case against to me and she will send all of my family members to the jail and she trying to capture money from me if I am not listening her worlds. I met advocate now he is saying that send a notice as per restitution of conjugal rights my wife has to come back to my home. Can you please clarify the following things. we have tried to put our disputes in front off elders but my wife & her parents are not coming to discuss with elder persons. Recently my brother-in-law got married without inviting for his marriage. They didn't call our family members and they are blamed on my mother they have already called but my mother has rejected the call. Really my mother-in-law and father-in-law and brother-in-law very cruel people. My wife attempt suicide in my home 2 times later i have informed this to my brother-in-law and after they trying to blame me and my parents about this and they trying to say that my mother will kill if my wife & my baby girl come to my home. They are not sending my wife now if i am not going divide from my parents.
1. Can I file restitution of conjugal rights
2. If, I can file restitution of conjugal rights after that she files 498a & dowry harassment what will happened.
3. I am getting Rs.52000/- salary by hand and I have one flat on my name. I have taken loan from my relatives. My relatives come to know that our disputes. They are going to pressurize me to clear their loan. Hence I have taken the personal loan and I have clear their outstanding. Now presently my mothly EMI which I have to pay to the bank is Rs.17500/- p.m and I am spending medical expenses for my father nearly Rs.6000/- p.m. Kindly clarify me that I have to pay the maintenance to my wife if I file file restitution of conjugal rights or event I file also how much amount nearly I have to pay as a maintenance to my wife & baby girl.
4. Can she claim anything on my property. If I sold my property after I file the restitution of conjugal rights, she has any rights for that. Please clarify ?