she can file dv also. Now try to arrange details of her qualification and previous jobs if any then through a reference hire a good lawyer and fight maintenence cases. Dont deny to pay maintenence for your baby and also demand visitation right for baby. There is no such fixed formula for fixing maintenence but you can minimise the same by highliting the fact that she deserted you without any reason, she is qualified and able bodied and she filed a false case on you.

restitution of conjugal rights is not ment for maintenence. It is for joining you back and living with you. In such case you can say in court that another cases are going on in between you two so you can join her after withdrawl of all criminal and civil cases on you filed by her. If she agrees for that then get your few conditions accepted and get all disputes resolved then and there. And if you dont want to live with her any more then you can add such conditions for which she will never agree and try to delay rcr proceedings as long as you can by saying that how can she wants to live with me if she wants to put me in jail try to highlight contradiction.

Dear Querist,

 

1. If she is living seperately and deserted you without reasonable cause she is not entitled to any maintenance. The best thing in such a case would be to make a statement in her RCR that you are ready to take her back (if you are). THis way you'd dispel her maintenance claim. However be that as it may, even in a worst case 75 % she won't get - at best 50 %. 

2. Her RCR and 498a are mutually inconsistent and materially contradictory - if she was so harassed why the hell she wants to be back in teh same place ? her RCR greatly improbablises her 498a. 

3. DV act may still be on the cards.

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Dear Rajasekhar,

Yes, You will get DV also soon if you are not bending to her needs. As Mr. Bharath suggested 498a wife coming back is only a half chance, even  through RCR is initiated, it is  nothing but  sort of good drama to stage before judge for leniency

You can strongly argue that "if I am that cruel how she is willing to come back? "

Also if you are strong to proceed for divorce, prooving 498a false is important. False 498a is ground for divorce.

so here goes likely scenes of yoru case:

1. False 498a already happened

2. RCR drama

3. DV case

4. Interim maintenance application 

5. If you show intention to join, and she is not willing, dragging of cases to avoid to show separation period is not in contention

6. Forcing you to go for divorce

7. Then settlement for alimony

8. Drag cases if not getting the above

9. If all chances fail, less revenge attitude/egositic  women comes forward for MCD with possible alimony/Maintenance

be cool, that is need of hour

 

IPC 406 is also dangerous

 

 

Indian Penal Code (IPC)

 

Section 406. Punishment for criminal breach of trust

 

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

Thank you for giving me best advise.