maintenance is granted to the lady who is not able to maintain herself.
do not file divorce right now.
get the RCR in your favour
after that if she does not join you, ur case gets stronger
then file for divorce.
advantage of filing the case FIRST :
if her maternal home is far away, you can secure the jurisdiction by filing the divorce first. (easy to play on home ground !!) - she will have to run to HC for Transer Petition.
as per HMA, 1995
19. Court to which petition shall be presented
Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction-
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition, resides or
(iii) the parties to the marriage last resided together,or
(iv) the petitioner is residing ,at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.