I got married 2 years back. I am working as engineer in a private company. My wife is working as teacher in government school in another city. Before marriage my in-laws committed that as the job of my wife is transferrable she will apply for transfer after marriage but after marriage when I asked my wife to apply for transfer then she started making excuses and didn’t apply for transfer. As my wife was staying with her parents I used to go to my in-laws home after 15 days or sometimes I took my wife back to my home. This keeps on running for first 4 months, after that my wife got pregnant. I got blessed with a baby girl. My wife was on maternity leave and I took her and my baby back to my home after one month of delivery. Then after 10 days my in-laws came to my place and took my wife and baby back because of minor argument with my parents when my mother raised issue of her not applying for transfer. I was at work that time. I called my wife but she didn’t turn back. I filed petition under section 9 after 2 months, and when my in-laws received summons then they filed wrong police complaint of dowry and harassment. We didn’t ever demanded dowry and my marriage was solemnized simply without sharing any dowry articles. We had a compromise in police station and there my wife agreed to get herself transfer. I and my wife then withdraw my section 9 petition by making our self present in front of judge and my wife made a statement that she now came back to her maternal home and have no grudge with me and will apply for her transfer as soon as possible. After a week I asked my wife to apply for transfer, she again said she will see and didn’t apply for transfer. She didn’t come to my home after the petition was closed, she instead asked me to come and take her back home. I being in the private job and committed to some work assignments not able to go to my in laws home and I asked her to come to my place on her own. To this she again filed a police complaint of dowry and harassment. There the police said if she is not agreeing to go with you and get herself transfer then you both file a mutual divorce. I agreed to pay a lump sump of 8 lakh including my baby maintenance. But in the compromise when we ask to mention child name and her maintenance then police played with us and said you cannot mention about baby here but you can mention her when you file a joint petition. The very same day my in-laws said they want 8 lakh as divorce and will apply for baby maintenance also. To this we broke the compromise because my wife being in govt. job she can’t claim maintenance from me and I was just paying 8 lakh because of my daughter. I now again filed section 9 petition to bring my wife back, my wife didn’t turn up on first hearing and the second hearing is now after 2 months. Now my wife filed a petition on behalf of my daughter under section 125 for maintenance and wants 10,000rs maintenance. My salary is approx 36000rs. I have a car loan running whose installment is 8304Rs per month. I left my home because my wife asked and now I am living in a rented accommodation whose rent is 2500Rs per month. My health insurance company bears around 85% of hospital expenses where my baby was delivered. I paid my wife’s phone bills for one year and stopped paying when she left me. I also have an insurance policy running on her name. I gave my best to my wife. Also I came to know about my wife had a major brain surgery before marriage, and then also I accepted her. I don’t know the reason why she is not getting herself transferred, it's 2.5 years now. My brother in law is a divorcee; my father in law too has second marriage. Does my wife claim maintenance on behalf of my daughter before divorce and separation? How maintenance for a child is calculated? Does my expenditures will be considered while deciding for the child maintenance? My wife is earning around 45000rs. Please give your suggestions on how to proceed further and fight maintenance case and section 9 petitions.
