Dear All Learned members of the club,
Got the idea of joining the club while surfing to find answers to few of my questions. In urban areas also still the doctors and advocates do not discuss the case with open mind and heart with the clients. As a lay man we are always left to keep thinking about the procedure and "Whats going to happen next". Please allow me to ask few questions here.
I am from Mandsaur (M.P.), got married in 1997, have 2 daughters aged 13 and 9 yrs (Present age). My wife left me in Sep 2010 without any genuine reason along with our daughters to stay with her mother in Pune (Maharashtra). (She was under influence of the lady saint "Nirmala Devi").
I tried my level best to bring her back but for no results. I then filled a case under Section 9 for reinstitution of Conjugal rights in the court at Burhanpur (M.P). (Thats our native place and we got married at that place only). In May 2012, got the decision in my favour. Court said she has deserted me without any reason and that she sould come back to live with me. In the mean time she has filed a case for interim maintenance under section 24 of HMA and the court has allowed Rs.10000/- per month + conveyance expences for 2 persons and litigation expenses. Simulteneously she has filed a case in March 11 in Pune under section 125 CrPC. The court has immediately allowed interim maintenance of Rs.9000/- per month. However, maintenance I was paying under section 24 has stopped from the date of decision in the case for "reinstitution of conjugal rights". At present I am paying 9000/- per month as allowed by the court in pune (Under section 125CrPC) since March 11. The case at Pune has actually started in the last date in July 13 only when my advocate has cross examined her.
I have sufficient documentary proofs to prove that I took good care of her and the daughters and that she deserted me under the influence of the saint "Nirmala Devi". I am in a way sure to win the case of 125 at pune also.
She is working somewhere in pune, but I dont have any proofs to prove it.
My questions are :
1. Can I go for filing a case for divorce? If yes where? and what will be the grounds? What will be amounts I have to pay her? Is it an option for husband to choose among one time payment and monthly maintenance?
2. When it is proved that she left me without any reason (decision of case under section 9) and I am equally hopeful to win the case under section 125 also, Do I still have to pay maintenance to her and daughters?
3. Suppose the decision of case under section 125 comes in my favour, it will be proved that she has lodged a false case against me. Can I file any case against her for harrasment? If yes how and where?
(If somebody needs to see the documents, Please give email id, I will send soft copies). Can I request somebody to give a link to the laws and rules for section 125.
Thanks for reading through the case. Am expecting replies on the above from all the learned people out there.
Thanks Once again..
Deepesh.
