Strategy for divorce, maintenance and child visitation.

Amit (Querist) 04 November 2017 This query is : Resolved
My Story in short.
I work outside India and lived with my wife and only child. Everything was going well however .I was diagnosed,with a very serious life threatening ailment (even my enemy should never have it!!).and we had to return to India for treatment. While my treatment was in progress(For 5 months i had to get admitted to hospital for treatment every now and then), my wife left home without telling me or my parents.. There were no serious fights nothing. Next day her Maternal uncle and her father came over telling that i was in an affair presumably with a woman who lives more than 2000 kms apart. Ofcourse thats Bullshit. They claimed that they have proofs which they never showed. They threatened me with dire consequences. The shock was so huge that i had to be admitted in hospital in life threatening condition.The reality is that her father never approved of her marriage with me at first place and with me in this condition, he thought that i will be a burden on her and hence encouraged her to run away. Regarding the problems between me and my wife, atleast from my perspective our relationship was like between any husband and wife .But obviously later on i found out that she wanted to get out of the marriage since 2011(we were married in 2008). In 2013 , i had caught her red handed with an affair to which she admitted and ofcourse i was very angry and yelled on her for like 5 days. and it seems since then she had decided to take "REVENGE". Fastforward 2016. As soon as she saw this chance she ran away. By 24 x 7 efforts of my friends and parents, i recovered.She never returned back. She barred me from seeing my child and she asked for MCD through her Uncle . I declined at first because she left home without letting me or my parents know.I sent out notice with intention of RCR because i loved her and i wanted to talk with her in case there was misunderstanding. Later on i came to know that every thing was pre-planned my her and her father . i did not file the RCR and instead filed case for custody of my child. The case has been filed on Jan and till December there hasnt been a single hearing.They had also symphoned off my passport for which i have proof. I realized that she was not willing to let me go out of India unless i give her divorce because there was no other reason to withheld it.Hence i took out a duplicate passport and re joined my work place outside india. All hell broke loose when they came to know about it. They started getting behind me for MCD. At that time i wanted my time to come out after back to back shocks. She barred me from seeing my only child and did tell that i can only see him if i give divorce. I havent had chance to see him on skype for more than one year now. Meanwhile she has applied for divorce and during the councelling proceedings i finally agreed for MCD. Then she started asking for money(15 lakhs). To be honest i cannot afford that because i need money as security for my health.Now the councelling proceedings are over and the case is ready to go to court. Now few things here.
- My lawyer hasnt yet filed my written statement to the court in hopes that there will be MCD. but obviously i put my foot down after 15 lakhs were demanded. The case has been filed on March 2017. Our written statement will be ready by next court date which i think would be Dec end.
Few questions
- Can i apply for interim relief to meet my child ?. I am given to Understand that the interim relief can be filed only with my written reply. I dont think so. I think i can file it as soon as case goes to counseling. Am i right ?. I havent seen him for 1 year.
- I am given to understand that if i dont pay 15 lakhs, then i will have to pay 50,000 /month as maintenance (my wife works and she has salary of 60,000 per month). i dont agree as i believe that cruelty demonstrated by my wife will make me eligible for divorce without maintenance. Am i right ?. Can somebody point me to relevant law provisions /sections for the same for me to study?.
- Her lawyer has specified that now he will file the interm maintenance relief which i will have to pay from March 2017. Can i contest that given the situation. I am ready to pay for expenses of my unfortunate child whatever they are as he didnt do anything to see this day. But ofcourse nothing for her.
- Her petition is nothing but a bunch of lies and i have all the proofs to debunk most of them. What should be my strategy?. Shall i ask her to come back to save on maintenance (I dont want her back now) ?. What should i do to ?
- To be honest i want to file criminal case against her but as my parents are there on their own, i am just willing to close this topic off.

Please advise correct strategy

Thanks

Amit

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Dr J C Vashista (Expert) 04 November 2017
If such a long story is short for you then you must engage and consult a local lawyer,

Vijay Raj Mahajan (Expert) 04 November 2017
If this your story in short, what will be story in long?
Anyhow, you engaged a lawyer to fight out your divorce case so you should consult him as he is paid his fee to handle your case in the court as well keep you aware of the legal position in your case, advise you about the relief you can claim in the court proceedings which you have right to do.
Anyhow you may agree for MCD as she is interested in divorce with condition: 1. No alimony to wife. 2. Child custody to be shared equally by both and both parties to provide equal amount for financial support for the minor child.
No Alimony to wife means the demand of Rs15Lakhs will not be met by you as she has means to financially support herself, she is working and has sufficient income.
Jointly shared physical custody means, both parties will be able to keep the child for agreed period of days with them as per the convenience of both as well the school timings and vacations etc. of the child. As both share the custody, both will be responsible to equally share the financial expenses for the child, these financial expenses include, school fees, fees for other activities, clothing, medical care expenses etc. of the child.
If your wife not agreeing to these conditions, then fight out the divorce case filled by her, which is definitely be dismissed with the facts and circumstances you mentioned here.