Due to desertion and 'dont care' attitude of wife after failure of repeated requests, i filed for Divorce on the grounds of mental cruelty in 2006 and interim custody of child in 2007. Son is 7.5 years now and stays with mother.
In April 2010, she won in the IA petition for int.maint u/s 24 for self and minor son Rs.3000/-. I am self-employed and my average income is 3000/= only. I got a stay from High Court,and paid a deposit of Rs.30000/-. After the out of the court settlement failed, the legal terrorist now filed IM under Crpc 125 in the FC.
FEW FACTS:
Her mother own a house worth Rs.40 Lakhs now in which she has a share besides two of her brothers. She is officially staying in her mother's house and therefore no need to pay any rent.
She is highly qualified (M.Sc & Diploma in journalism, DCA in computers). Whereas, i am B.Com and a freelance translator/writer and have no permanent income. She herself complained in the counter to main op for divorce, quoting me as saying to her that my income was only 4000/- as against the previous claim of 6000/-
The fact is I stay in rented house and had to take care of my aged parents. There is no evidence to her claim that I am getting Rs.15000/- as monthly income. Nor that I have any proof for my income of Rs.3000/-
My counsel says I cannot call this a case of Desertion as it requires minimum separation period of two years for filing the Divorce petition. In my case, it is only 23 months.
She is now employed somewhere, which I could not trace. All that I found is she is not residing at her mother's house. But, i observed my son going to school from there. Most probably she is staying at her relative's house, to abstain me from identifying her employment place.
I am willing to pay Maintenance to my son and not to his cruel mother. How can I prove that she is employed? What should I do to get the Crpc 125 dismissed or limit the entitlement only to my son? Will the High Court Stay Order against lower court order (u/s 24) have any impact in my favour in this case?
Pls advise me as to how I defend myself successfully from this legal terrorist in this case.
