Hello Dear All
I am in a very problematic situation and need some expert advice. Please be sincere and try to help with some good genuine advice.
My wife and me were never happy with each other. She went her home one time and returned after two months after a family discussion. then again she has left me for last one and half year. Staying with her parents. Presently not in any job. I want to know if she will file for maintenance 1. can she do it without asking for divorce? 2 . How much maintenance she can be given under indian law and with following facts.
1. Our marriage in 2006 and she left me finally in 2011. In betwen i have seen her for three times only just to make her understand but she refused to listen and threatened me.
2. she is MBA and has done job in the past . total exp: 3 years. presently not doing.
3. I am earning around 2.3 lacs and staying abroad. where my expense itself is 1.5 lac. In case of maintenance case , do i need to provide detail of my expense becoz it depends upon from country to country and i amy not be able to bring all details on table as proof.
4. we have one daughter of 1 year.
5.her parents have got property and they are two sisters and one brother. Her share should be there in the property? can she say in court that she will not claaim anything from her parents and will ask for share oin my property? what are the possibilties for me?
6. I have one house land in my name, and a plot of land in her name for which i paid in 2010.Even when i have given her this plot as gift can she still claim share from rest of the property? I have withhold my plans for making a house on my piece of land becoz i feara her share will further increasae in that case?
7. besides i have some few lacs cash.
8. as per recent modification in divorce law, i assume wife can ask for right in property only in a divorce case but not in case she wants judicial separation or she can ? please clarify?
9. presently i have not been under any case from her side, i want to transfer my cash and property to my parents name or what best can i do with my property to give her minimal share.
10. Finally in light of my income and asset , how much maintenance she can claim . give her education, work exp, her parents status taking into consideration?
11. I dont want gove her a lump sump amount , instead i will give her monthly allowance ? do i have that choice under law? i will not succumb to any pressure to give her lump-sum amount.
12. what of she want to come back. i dont trust her now and dont want to take her back? morever i dont have any home in india....... I am staying with my parents in their house which my father has built from his earning means its not an ancestral property.
pleadse guide me . I am in need friends.
thanks