Hi,
my wife had filed DV case in Nov 2011, The case was dismissed in Feb 2013 and she did not get a single rupee from the court.She filed same case under section crpc 125. The only change she made in her application was that she told the court that she is ready to live with me ( I had filed divorce case the earlier month).
Family court judge awarded her maintenance to her saying that as I am not ready to take my wife back, she is liable for maintenance.I proved in the court that wife is working and is highly qualified.Allegations are very serious like attempt of murder, forceful abortion( which according to her continued till 7th month of pregnancy and we were blessed with a beautiful baby girl), I proved each and every allegation wrong, Total 120 proofs exhibited from my side .Wife told family court she does not remember anything about how i tried to kill her or how she was forced for abortion as she was under pressure.In DV case, she told that court that she was given proper medical treatment required for pregnancy only and recognized all medical documents submitted by me.
He lawyer somehow managed to transfer the divorce case from civil court to family court.Now family court has ordered in her favor.The family court judge asked me to pay her what ever amount she wants as one time settlement and close the matter.
I have following questions:
1. Even if I go for appeal,I have to pay the maintenance till the appeal is decided in HC. Also, even if i get divorce(chances are less in family court though), I will have to pay her maintenance as a divorced wife is a wife as per the law.
2. If I pay her the amount she wants and close the matter, she can come back after 5-6 years saying that she has spent all the money and ask maintenance again. Is there any other way than running away from this country where this biased crpc 125 suck my blood whole life?
