Hi
I am married for 4 years now. Have a kid now. My wife left home during 8th month of pregnancy and has never returned. She went as its customary for first pregnancy is done at her parents house. She though never returned. Despite all my efforts she failed to return. My kid is 12 months old now. Few months back my kid fell sick and was hospitalized. My wife didn't even bother to tell me. Just for the sake of my kid and his health I thought enough is enough. I filed a sec 9 petition asking her to return home. She filed response with false charges of cruelty and that I failed to look after the kid and her. And that I deserted her just after she became pregnant.
I had been transferring money to her and she was all this while spending the money on regular basis. Now as an after thought she filed a u/s 24 interim maintenance . Seeking 50K per month as maintenance from the time she claims to have left me.
I have enough proofs of her regular checkups and tests during pregnancy and I paid those bills and my regular NEFT money transfers to her account.
The whole purpose of one filing sec 9 petition and willingness to restore marriage gets defeated with such laws of interim maintenance and misuse of the laws to exploit.
My lawyer says that I might have to end up paying that amount as I have a kid. I don't mind supporting my kid, as its my duty, but demanding such huge amount and making false charges of physical abuse etc , wife is exploiting me . My question here
1. Is Sec 24 filed by wife maintainable where Sec 9 filed my husband and more than willing to support her and restore conjugal life with her ?
3. 50K per month is it justifiable sum?
2. Should one have to pay in arrears from the time she claims to have left home. Shouldn't this be from the date of application or date of court order.
My sincere request to all experts to help. My wife is misguided from someone close to her family. Its my child's future and health that I am worried. Same time I don't was the kid be deprived of mother's love and affection.
Please help.