I live in USA, 2 years ago my wife ran away with our 3 year old son in my absence from USA to India. Now she has filed for divorce and interim maintenance. She filed both cases in March, 2-3 dates have passed, my lawyer just submiited his "Vakalatnama" in the recent date along with application to reject my wife's petition as she had filed the case after 1 year 10 months and not after 2 years. He has not yet filed a reply to her charges, he will do that in the next date. In the recent date the judge said that in the next hearing he will decide on the interim maintenance case if we do not come to some mutual agreement.
My question is:
1. I am not sure if the judge will pass an order on maintenance in the next date or will start the hearing on the interim maintanence case. My lawyer says the judge will begin the hearing, but cant guarantee 100 % and said the judge can decide anything. My wife in her petition has mentioned a wrong inflated salary (of mine) before taxes. Also she is highly qualified and can work. We have not even filed a reply. So please advice, on the next date will the judge pass an order on maintenance or will he begin hearing?. The court has not heared anything from my end yet.
2. My wife has mentioned in her petition that my salary is Rs 6 lac per month (in Indian rupees) and asked for a maintenace of Rs 2 lac per month. After all taxes, the salary deposited in my account is Rs 4 lac per month and I have equally high expenses here, my rent itself is Rs 1 lac. Realistically, how much will an Indian family court (in Ahmedabad) fix the monthly maintenance in this situation, when husband in earning in dollars and wife is asking for high maintenance but living in India ?. I am thinking, our marriage was done in India, so the maintanance should be based on India, even if I stay in USA. Her expenses are far less in India than USA.
3. My wife's lawyer has indicated that my wife may agree to MCD if I pay her 25-30 lac. But Iam more concerned about my son. She is not allowing me to speak with him or my parents in India to meet him. I can agree to MCD provided she allows my son stay with me for a month in vacation, and allows me to talk to him monthly and alllow my parents who live in Mumbai to meet him 2-3 times a year. I know she will not agree to this. What is the maximum I can get as far as custody and visitation rights by court?
4. In this situation, is it better to for me to settle the case now or fight the case, see how much the court fixes the maintenance? I don't want to divorce her, but I think we can settle our not so big issues, but my wife is very unreasonable and wants only divorce. I am surprised that court will first not try for both of us to reconcile and focus on the interim maintenance case directly.
5. If I fight the case and pay her the interim maintenance, will the court grant visitation right for my parents? I am advised not to come to India till this case is going, because my wife can file charges against me and create problem for me to return to USA. I am working in US on H1-B visa.
Please adive on both above questions. I really appricate your time and advice.