Dear Team,
I have filed a divorce in turn wife filed 498a and DVC. three cases are going on in 2 different courts. An objection against my divorce has been filed along with interim maintenance u/Sec 24 HM. Maintenance of 7k has been awarded. I have a daughter 3yrs old and seeking for child visitation asking residential address. Wife is evading to respond to child visitation petition. In counter, I gave incomplete maintenance 5k instead of 7k which pissed her off. though judge explained her I have rights to see the daughter, my wife is not agreeing instead arguing stating when my daughter is not well she was not looked after (Needless t say which is false)and why child visitation being sought now. eventually, the judge had to order to bring my daughter once in 2 months to the court based on merits. My question are as below
1) she filed 498a alleging above-said accusation (not taking care of daughter so on so forth) which is at cross-examination stage. she is not turning up to the court but arguing on same points where divorce or child visitation proceedings are going on. Can I ask her to raise this argument where she filed 498a claiming same accusation and where proceedings are pending due to her absence? she is deliberately not appearing for 498a hearing and arguing in divorce or child visitation proceedings.
2) When she can deny for child visitation arguing (not taking care of daughter so on so forth, needless to say, it is baseless), Can I not argue stating, when my father was battling between life and death in hospital, she had call me by an SI and made me sit in PS for 2 days, in 3 and half a year my of marriage life I had to change 5 rented houses due to her quarrelsome nature not just with me but neighbour also, who was working before marriage and after marriage why she is not working now, (to be entitled to maintenance), who she only troubled me all my married life and because whom I have lost my father, why should I give maintenance? when she did not fulfil her rights why shouldn't I?
