Divorce & interm maintainance

1. Contested divorce takes 5 years minimum in court. It is not easy to get and I won't advise going down that route. 
2. Since you have child, half your salary will be awarded to wife and child as maintenance. 
3. If wife has worked before she has some ability to earn and that can help to argue for lower maintenance. But she has a 4yo child and has not worked for sometime. Court usually will favor her arguments in this scenario.
4. Voluntarily pay some maintenance irrespective of what happens. It is your moral and legal duty towards child and wife. Also courts will see you favorably.
5. Maintenance award can take upto 1 year but you will have to pay arrears from date when she applies for maintenance. 
6. Best way to come out of situation is to restore relationship. Meet with marriage counsellor and try to remove negative cycles from relationship. There is usually a happy place once both parties can see beyond the fog of right-wrong.
7. The NC report in police station by wife can become a BIG thorn going forward. Major damage to trust has occurred with this action of wife. I hope you can resolve this with a patient counsellor - it will require lot of work from you as well as wife. If she is not willing to work towards improving relationship then it may be a lost cause.
8. It is sad reality of India that breakdown of relationships have to go through such lengthy process and criminal cases. If it goes down the typical path of 498A/406/DV/125 then we will see you regularly on this forum.
9. Best of luck.

1.Is there  chance for reconcialation?

2.Will mediation and counselling have any bearing on her?

3.What is her attitide towards permanent seperation?

4.If she is ready MCD is the best possible way.

5.Don't file divorce until she makes a move

6.Future of the child is to be taken into consideration by both.

7.If she is not qualified to earn for herself,1/3rd of UR salary as maintenance.

8.U have to pay full for the child.

 

In your case her continues leaving matrimonial home, filling criminal complaint against you in police which is not registered as FIR but kept as NCR. Her depriving you from company of the minor child are good grounds for seeking divorce on the basis of cruelty on her part. You can seek custody or visitation of minor child if she's seeking maintenance for herself and minor child. The amount of maintenance for her, keeping in mind her educational status and previous working experience, the small age of child, by no means she will get more than 1/3 of your income in hand. Definitely you will get visitation right for minor child on regular basis. During divorce proceedings the mediation process will be initiated and chance of compromise either to resume conjugal relationship or dissolve marriage by decree of divorce gets through. Just move ahead now with out waiting.

Thanks to all to suugest me.

@Sainath Sir

1.Is there  chance for reconcialation?

 NO, She humilated me and pulled me in police station.Eventhough i will go through medation process, i will not ready to bring her in any condition.

2.Will mediation and counselling have any bearing on her?

NO

3.What is her attitide towards permanent seperation?

  Her attitude is not to give divorce, only by doing all drama give me mental tesion so that i will be mad and her family intention is by giving mental torcher ,I become mad and will do sucide.

4.If she is ready MCD is the best possible way.

 Yes I am agree with you but she will demand more in that case as she influnced by ritik roshan and so many times she told that i will also ask 1CR or 50 lac.looks like its joke but really i am shoched by her thought that was going on before all these things happen.

5.Don't file divorce until she makes a move

  Yes, I am confused here that eventhough she has ability to work but i have to pay 1/3 or more as 25k as per my case for interm Maintainance?

6.Future of the child is to be taken into consideration by both.

  Yes agree Sir.

7.If she is not qualified to earn for herself,1/3rd of UR salary as maintenance.

  She has degree MA in English and worked before marraige on salary 18k/month (no proof in my hand) and after marrige 8k/month(no Proof in Hand but I know where she worked)

8.U have to pay full for the child.

 I want to know that i have to pay 1/3 to her and full for child means what. Is it mean 1/3 seprately and 1/2 seprately.

 

Please guide me.

 

Thanks,

Rajbeer

1. Usual process is to divide your income in 4 parts. 2 parts for you. 1 for wife. 1 for child. Starting point of calculation is this. Then based on age of child and wife's ability to earn these amounts are adjusted accordingly. If wife's earning capacity is comparable to this amount then she gets nothing. Even child care amount has to shared by both parents if wife earns well. In your case it seems child care will fall 100% on you. Wife's maintenance will depend on how well you present your case.
2. If you know wife's past employers, you can file CrPC 91 application in court and ask judge to order these employers to furnish wife's compensation documentation.
3. If she demands 1crore for MCD, you have no option but to fight this out in court for many years. My advise to men in this situation is to do everything in your power to increase the cost of litigation for wife. File lots of petitions to order various documents. Her lawyer will have to respond to each one, then present arguments costing her time and money. File some case on her near your home and away from her, work with good lawyer to establish good prima facie case. She will have to pay more to lawyers, travel and spend more and more dates in courts. All these efforts usually are effective in frustrating other party to a point of agreeing for MCD at lower amount. 
4. I have seen that some men start enjoying this cat-mouse game. They draft petitions on their own, study law and make this whole process fun. These men also find new female partner and start new casual relationship while wife does her drama. These men usually get very good results.
5. I have seen other men who complain about fate, blame the world, get depressed. These men usually end up paying big amounts in the end.
6. Try to become (4). Don't become (5).
7. Best of luck.

Thank You So much authohide 147 .I was (4)   but definitely i will become (5)

Mr. Rajbeer,

  Did you mean you were (5) and now you will become (4) ? (4) to (5) makes no sense .. people only grow stronger with time  That is the spirit !

@Autohide147,

I am exactly the kind husband mentioned in (4). I am eagerly waiting for my wife to start 498A (currently in CAW preceedings), once she starts the cat-mouse game I will drag it for years.

I thank you a lot for the general ideas in (3), could you share some specific ideas ? .. those will be immensely helpful to me. I already thought of filing cases (extortion etc.) in different city.. not now but once 498A is halfway.

Thanks.

 

Agree with Jaig but when you are spending your life with someone and you was not knowing that behind the screen she is cheating you and making a plan to live with someone then one day you will find out that 6 years journey given you a big black spot in your life then you could not stand on your leg for time being and you are looking for someone who is expert and can give you a right direction. In my case love  and intimacy theses words i didn't find in 6 years for example- suppose any day due to work pressure ,if i will be in office upto 11pm night then my wife will not ask for a single time where you are ,what happen with my husband ,is everything allright and after coming from office 1am morning she was starting drama that she won't have time to cook food because she was busy with her brother in law in chatting and was making a plan that how she can create trouble in my life...lots of example are there but by beating me  she shown her actual face and now my eyes opened, then in this situation  i also decided to pull her in court at different city,once she will file any legal case on me.