Dear lawyers,
I am Syed belonging to muslim commuity.
Mywife has two residential address one at in my native, and one at a remote village which includes severe hill distance 260kms. My wife's parents brought the daughter to this address and get her married with me.I cared her like anything. During seventh month of pregnancy we did our customs (5-2-2012) and send her to the home in my native for delivery. she and her parents left uninformed to me and my parents to their another remote village address even without considering the hill track which is unsafe for the child in foetus. Since she left uninformed i stopped communication with her.Moreover I and my parents never visited the remote village or even invited by them atleast once.
She came back after 6 months ie 3 months after delivery period. We had a reconcillation with a mediator. I expresssed my desire to live if their parents doesnt involve in my family matters. The mediator postponed for 10 days for another round of talk. But again my wife and their parents went to the same village for 3 more moths without informing and came back again without informing. Again we had a reconcillation with another mediator mywife and her parents said they felt sorry and they had some work again in that village and will be back in 10 days. She stayed there for 2 months without informing and came back on 22- Feb - 2013.
Now they went to Jamath(Muslim mediation commitee) for mediation, again i expressed my desire to live with some written committments. During this course of the issue i heard about her past love affair with a guy. But after my marriage they dont have any contact to my knowledge and also he is working in a far away city and his native being the same remote viillage.So i was in dilemma state to take a decision and informed this to Jamath.They left to my decision.Again she went back to the remote village and filed a Domestic VIolence case with utter false allegations like forcible s*x, dowry demand, harassment etc..against me, parents and sisters who are married and staying away used to home on holidays to their parents house.
We got court notice travelled all the way along the hilll track and my parents alone appeared, since we three didnt receive the summon. My lawyer deined all the allegations since i have sufficient evidences. The magistrate asked the remaining to appear on 12-Aug-2013.
The petitoner(mywife) have conducted, marriage and mediations here. But he filed a case in remote village to drag me, my old parens(aged 60 and 67) and sisters and their kids. The DV case filed without any protection officer report. Now my wife requesting me 16000 as interim maintenance and 24000 as maintanence statingi am a software engineer earnng 55000, and expressed her wish not to live asks their marriage expenses,streedan, some gold which snatched by me in the allegation. I hava adaughter more than one year old.
I issued talaq notice before received my summon copy. Please answer the following questions.
1) Can i exclude my sisters as they are staying away?
2) Can i exclude women repondent based on Respondent defnition in dv act and also we being muslims.
2) Can i request for a protection officer report in my district?
3) Do i have to pay interim maintanence as it was her desertion? They are forcing for us for interim maintanence.
4) My lawyer is saying like we have to pay as it is protection for women act. Is it true?
5) Since i issued talaq, still the interim mantance request valid as Mahar is the only maintanence according to muslim shariat law.
Their family cheated us by hiding their ex love affair and spoile my 2 years of married life
I am ready to pay for my daughter's maintanence but not for her.
Please help me by providing your valuable suggestions how can i proceed firther as we are suffering a lot with mental pressure we are getting dragged here and there.
Regards
Syed
