Query on dv,maintainance and divorce

Hi ,

We got marriage in 2010.She and her mother constraints me not to allow my parents and sister.

In 2 years she stays with me for 14months only.

Even in that 14 months also her mother stays for 7 months,Her brother 2 moths and her grand father stayed for 1 month.

She expects hi-fi life especially her mother expects.We continued like that for 2 years.

I tried a lot to make her understand but no use.

We got separated 10 months back.

We have 1 kid(Baby boy age 2 years) 

Cant you not let go off your ego's and live together for the sake of the kid??? You have also mentioned the word 'WE'

She is with her parents.10 months back they attacked my home and they gave complaint at PS for 498A

We also gave complaint and Police make compromise for that day ask to wait for 2 months.

 

After 6 months she filed DV and and once I get DV notices I filed for Divorse.

She is not taking divorse notice even after 3 sessions also.

 She is expecting 50K as interim maintainance.

If she is not accepting summons, then wait for some more time and you press court for ex-parte orders for divorce.

She mentioned that they gavce 13Lakhs cash and 800 grams gold to us at the time marriage.

For everything they have to show valid VAT bill, if they have paid cash, there should be some evidence like they handing over cash, and some VDO recording should be there of such act.

they gave 2 lakhs cash only that also we asked them to buy sarees and some jewellary for her only.

I am getting 110000 as salary.I have EMIs for 94K .
Alimony will be calculated on take home income which comes to 16k.  Show the court all expenditure - actual income.  Then court will arrive at a figure as alimony to be paid. 
i have dependent parents.

I am staying in bangalore.

Even I am staying in Bangalore, you may as well give me a call.

She has 40Lakhs worth land on her name which is gifted by her mother.

If she has property in her name, no alimony for her.

When judge asked in DV case she admits that she doesn't have any interest to stay together but she wants maintainance.
Maintenance wil be awarded/relief can only be given under PWDVA 2005 if any act of domestic violence has been commited or if such act has been proved in the court of law or else no relief can be given under PWDVA.

==> How much I can expect as interim maintainance order from judge.I am willing to give 5k to 7k .

Let court decide. Show your income and also expenditure [EMI, medical expenditure etc]  Also show her assests and her source of income.  Only after that court will arrive at a figure.  Dont insist that you will pay 5-7k per month.  That will be foolishness.

1/3rd of your take home income will be taken into consideration for calculating alimony.

If u think I might be ordered more than that please suggest the ways to make it 5K to 7K limits ?
Contact me via PM or phone.

==> How long I have to wait for Divorse.I have oone house on my name with house loan.It costs 16Lakhs with house loan 7 Lakhs.How much alimony I might be ordered in case of divorse ?

==> What might be the chances for judge to believe that they have given 13L cash and 800grams jewellary.
Valid VAT Bills and VDO recording.

What are the ways for me to prove that I didn't taken any thing.
Burden of proof lies on you.  Like you have told, what actually they have given you should show to the court.

If they produce some fake bills for gold and say we gave cash by hand will judge take that into consideration?
Fake bills if they produce, that vendor/seller will go to jail for  a good 7 years.

==> Can I apply for antcipatory bail for 498A ?

 If you fear 498a, then you apply for AB.

Regards

Abhi