My wife used to blackmail by asking for divorce from beginning of the married life. Initially, I was wondering may be the arrange marriage was happen without her interest. So, I used to advise that we have to live together and have to find out the way to stay together since getting separate is dampening the social prestige. I tried to fulfill her all the desire to get the affection. Things were going with muted life around two years, by almost my adjustment at single side effort. Many suggested to go for family planning considering most of the ladies get matured once become mother. She used to disrespect me and my family very often despite we live together as a nuclear family. She doesn’t care enough for my kid as well however I always took care of my baby and also hire baby sitter to take care during my office hour.
My wife went to her home for ritual ceremony then I talked to her parent about her behavior. Then, her parent abused and threatened me with very cheap language. This was big strange to me since I was never expected such treatment. Off lately, I came to know that all of them are waiting to shape any situation to mold it into divorce to get money in terms of maintenance. They started with all the false allegation with dowry and DV to ruin the prestige and get the money. Some how several of my relatives convince them to discuss the concern mutually and fortunately by a lot of effort they participated in mutual discussion instead of legal option.
I disclosed first time ever that I have all the evidences and recording to show their greed, all the allegations are baseless which clearly proofs who is the culprit and misleading the situation to blackmail by legal terrorism. This also surprises them that I have recordings and other evidences and then they step back by blackmailing of dowry case or DV. Since then, she resides with her parent and never joined me back. None of her family member ever tries to settle the family dispute after all they always wanted maintenance/alimony and also they found difficult to file 498A/DV considering the evidences what I have.
Now, I just wanted know that:
- Can she file for maintenance without filing 498A/DV?
- If she would have filed maintenance, Can this petition be quashed considering following ground?
(a )Wife has deserted the husband.
(b) Neither she nor her family member tries to unite the family.
(c) She is capable to maintain herself considering her qualification (B.E. degree holder and used to work before marriage).
(d) They used to fabricate the fact in such a way to get emotional sympathy in front of other but in real they used to threat and blackmail?
(e) She has already taken back all the jewelry what we gave during the wedding.
(f) I have transferred 4 lacs to her father’s account for investment purpose which they have not returned yet.
Please advise. Thanks.