I am working in pune (native: Belgaum) would like to state some events before I post my queries.
* Married in June, 2010 without dowry.
* My wife (an architect n working) deserted me on 30th Oct, 2011 (from pune) and went to her parents’ home (Belgaum).
* My wife was pregnant with 6 months baby and she aborted on 18th Nov, 2011.
* On 11 Dec, 2011 filed 498a on me and family members. She mentioned in FIR that I kicked her on her abdomen and that’s why baby died. And many more hypothetical allegations including dowry. My family members got AB and i got regular bail.
* They along with police tried to pressurize me for out of court settlement but I didn't bend to their demands.
* In Feb, 2012 I filed divorce petition. She claimed for interim maintenance and court ordered Rs.7500 pm though she was working. I couldn't get any income proof as she was working on casual basis in small company.
* I didn't agree to pay her the maintenance stating that she is working and she asked court to stop divorce case.
* In July, 2012 she did engagement with some other guy secretly and now she has applied for recovery of maintenance.
* 498a is started in court now.
My queries are...
1. Should I pay her maintenance and proceed with divorce petition or should I close the divorce case and wait till she apply for divorce. What are consequences in either case?
2. Is it okay to divorce her and let 498a run and prove myself innocent and then file case on her for defamation?
Need your valuable inputs.