Brief History and background:
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Wife deserted me during my trip to India from US in Mar, 2015. We had a 6 month old baby during that time, wife took child with her and I could do nothing since police told that wife had full custody of infant child by default. I moved back to India for good in Aug, 2015 and since then could not find wife and child. They were not at their address provided during marriage. I filed for inquiry in FRRO office and US embassy (since child was US citizen by birth). I had been living in India since then.
Finally I filed for divorce in Jan, 2017 and got ex-parte divorce in Aug, 2018. I remarried on Dec, 2020 and had a baby on Sep, 2023. Ex-wife got to know about my marriage on Nov, 2021 and filed a case of cancellation of divorce and also maintenance under CrPC 125 in Feb, 2022.
Since Jan 2023 I had been paying interim maintenance of INR 40000 PM, with some arrears around INR 4 Lacs. Since start of interim maintenace payment, ex-wife has stopped appearing in court and not willing to settle or go for final hearing. Request your legal advice and kind help on the following below - Feel free to add more inputs as applicable.
1> What are my options in forcing ex-wife to come for final hearing from family court ?
2> She used to work before and I have proof. Not sure whether she is working now. Is there any chance to reduce maintenance ? (I am willing to pay for maintenance of
the child. Child was with her since she took at the age of 6 months, and I have not seen the child since then)
3> Is it necessary to clear the arrears of INR 4 lacs for the court to proceed to final hearing? If I tell court that arrears will be settled, if any, after final
order won't that be ok ?