Hi, I've filed for RCR @ chennai on June 2012, My wife had filed for divorce in September 2011 @ Bangalore, I received her divorce summon only after submitted my RCR @ chennai. Btw September 2011 and June 2012, i've been regularly visiting my spouse and gave money for all the expenses. also transferred around 9L around march 2012 and informed her to deposit in our son's name and sent the money via NEFT transfer. I was not aware about the divorce she had filed until the summon reached on September 2012. I'm yet to file the counter in Bangalore for her divorce case.. Please let me know whether i can file counter under sec. 23A , denying all the allegation and provide the inform that my RCR is pending and the spouse is arleady working and also capable to earn around 30k INR per month (ie., she had mentioned in her petition that she used to earn 30k before child birth and after child birth she is not going for work) hence maintainance shouldn't be granted. As i've given around 9L for deposit (I'm not sure what my cruel wife did with that money though), can i also claim that the interest out of this amount should be used for child maintenance. and also claim a relief that if the Petitioner (wife) is not interested to join / co-habit with the respondent, relief can be provided to the petitioner(wife) by approving the divorce.
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