Hello,
Brief details of my case:
Marriage : 12-12-2008 (Nasik)
Wife sent to Nasik for delivery of child May 2009
Male child birth : Aug 2009
Wife staying separately in Nasik from Husband with no reason since then.
Wife sends relatives to Husband's place to get Stridhan back in Jun 2010. Husband returns the same and gets it written and signed (in presence of witnesseses) on a Rs. 100 stamp paper note.
Husband sends Money orders rejected by wife 3 times in 2011 of Rs 3,000/- each time.
Husband files for Restitution of Conjugal rights U/S 9 of HMA - April 2012 with Bombay Family court
For 2 dates, wife does not turn up nor a representative appointed in the Restituion case by wife.
Wife files 2 petitions in August 2012 in Nasik District court : 1st one on Sec. 125 CrPC and 2nd one for
DV U/S 12(1), 18, 19 & 20 against Husband and his parents. (Both parents are unwell).
CLARIFICATION REQUIRED:
1) Can Mumbai Family court pass a decree for Restitution? Can this request for decree be expedited?
2) Can I take an exemption for parents for the DV case as both parents of husband are unwell - father heart patient and mother haematology patient.
3) Can wife be entitled for the maintenance for herself despite she has desserted the husband for no reason Neither she has performed any of her duties as wife? If yes to what extent of Husband's salary?
4) What happens to maintenance for Child? Husband is ok to pay maintenance but then to what extent is the child legally entitled to the maintenance?
5) Can husband not claim child's custody back from the wife who has deserted husband ?
6) What happens to the Restitution decree the husband gets from Family court? Can it be used to seek divorce? Or wil be it null and void?
7) Is there any way DV Petition can be Quashed under any provisions? Husband hasn't received the summons from court in Nasik until date. It's only visible in the website of District court. It is involving parents of the husband : Father a Senior citizen and heart & diabetese patient and Mother a haematologist patient.
8) Can wife file a 498A against Husband and his parents despite the above scenario? Is there anything that can be done to prevent an arrest for husband and his parents in such a situation?
Your guidance is highly appreciated.
Many thanks,
