Case in Brief :
1. Married in 1997. Have 2 daughters (now 15 and 11 Yrs old). Wife left with daughters in Sep 2010 (daughters 11 yrs and 7 years at that time) (reason : Blind obsession for sahaj yoga community founded by so called Saint Nirmala Devi)
2. I had filed RCR in Sep 2010 and won the case in May 2012 (with 100 % merits in my favour). She did not comply to court's decision appealed in High Court (not decided yet). Paid interim Maintenance 10000/- Pm for 21 months + 2000/- per visit for traveling and 2500/- for adv fee till I won the case.
3. In the mean time She lodged CRPC 125 (March 11) against me, asking an hefty amount as maintenance for herself and daughters (at argument stage). Paying interim maintenance Rs.9000/- per month from March 2011 (40 months) still going on.
4. After more then 1 year I have filed for divorce in Aug 13 (case not yet started)
Information : I came to know that she is working from last 3 years but was off roll till Jan 14. From Feb 14 she become On-Roll. I have confirmed this from Web Site of Employees Provident fund Organisation and submitted a copy of the list of employees in court also. Court has issued summons to the employer and to the EPFO office to come with records to certify things in next date.
My Questions:
1. Do I need to prove it again in 125 that she has left me on her own with out any reason (no fault on my part)?
2. Do I Still need to pay her maintenance?
3. What if the EPFO Office and the employer or his representative does not appear in court in next date? will the evidence I have produced will be enough for proving that she works?
3. Suppose court decides maintenance for her and daughters and if I won the divorce case, will the decision of maintenance still applicable after divorce?
4. Since her statement in RCR was proved wrong and allegations in 125 will also be proved wrong, can I sue her for alleging me? If yes, How?
5. What options I have regarding custody of daughters ?
Please suggest. Thanks / Deepesh
