HI Everyone,
I am from Chennai and got married as per the Hindu rituals on 10th December 2012 to a girl residing at Bhavnagar (Gujarat). The marriage took place in Bhavnagar state. After 2 years of marriage my wife left to her home and doesn't want to come back.
She has sent a family court notice from Bhavanagr under section 125 claiming maintenance of 25000 per month since she cannot maintain herself. According to the notice,she has made lots of false allegations which are baseless in all aspect. She claimed that I did not took her anywhere outside and she was under house arrest all throughout 2 years but this is not true. But this is not true, we went to kashmir, vaishno devi last year and I have sufficient amount of proof to prove that I took her outside for sightseeing. She also made allegations that I gave her mental and physical torture and beat her on several ocassions which is completely baseless.
I am completely shaterred and shocked after seeing this notice. She claims that I dropped her at the home town and did not bothered to come back to pick her up but me and my dad went last month to Bhavnagar to pick her up. But she refused to come with us without quoting any reason.
I am ready to stay with her and accept her as my wife. I also told her that we will live separately in a different house if she requires as per her wish. In the notice she has mentioned that I work for a IT company and earn a alot hence she is demanding a heft amount for maintenance.
I would like to know what is the way forward to defend this legally?
Does she has to prove all the claims made on the notice or is it prima facie taken as a fact since the case is filed by wife?
I am ready to stay with her and maintain her. Does this case still hold strong and still she can claim maintenance?
Can I file RCR stating my wife deserted me and staying separately?
Can I File a police complaint mentioning Blackmail/extortion threat , threat for false dowry case and ask for police protection and anticpatory bail?
She also mentioned in the notice that we have taken all her jewellery but indeed she took all his and our jewellery with her while leaving to her hometown. Can we file fraud case against her stating that she stole all the jewellery from our house and ran away?
What are the legal options I have to defend this case and quash it? Can I approach high court and as per supreme court rule, no woman can ask for maintenance if she has departed on her own. Can I approach supreme court directly?
Please provide me suggestion on how to take this forward.
