Dear Mr Karan,
1. Well, as for her complaint u/s 125 Cr P.C. the court will determine from her as why she is not living with you and in that for to rescue your self from her demand for maintenance you can file affidavit that you are prepared to have her back to live with you and contend those relevant facts that would adduce her conduct of deserting you as on her own volition supported by the fact that her complaint before the police against you had not survived.
2. I do not know as whether you filed a petition for R.C.R. or had she done so ?
3. Also are you interested to have her back ?
4. You can file a written complaint before the court of J.M.F.C. against her u/s 190 cr P.C. accusing her of act of commission of giving false information with an intent to cause a public servant to use his lawful authority to the injury of the other person and putting a person in fear of accusation of an offence, in order to commit extortion lawfully but illegally. (i.e. filing complaint u/s 125 Cr.P.C.) which such acts are punishable u/s 182 & 389 I.P.C. respectfully.
5. As for the custody of your child, you will need to have paitence since till such child is an infant and not above five years of age then she is deemed as the natural guardian of the child.
6. If need be talk to this layer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
E-Mail : email@example.com.