Dear Sir,
Facts of my case for comments / advice please :
I got Married in 2003, and somewere in 2006 my wife has created a seen by making drama of suside at our house. There after i and my family has decided not accept her. She is then after leaving at her father place. She has filed 498 case against all the family members in 2006, which is still pending, dates after dates.
She has also filed a maintenance case in 2006.
Somehow a intermediary maintenance has been passed by the court for Rs. 2000/- per month. These amount she demands every year and i am paying the same on her demand through court. I am not paying every month as the court in which the case is running is far away from my current residence city. (both are in different city).
Now recently she has filled a petition for judicial seperation u/s 10 of Hindu Marriage Act, as well as petition for increase in the monthly maintence from Rs. 2000 to Rs. 12000/- u/s 24 of the Hindu Marriage Act.
My yearly income actually is approx. Rs. 75,000/- to Rs. 80,000/-. In the above petition she has claimed my monthly income is Rs. 60,000/- which is totally wrong.
My questions for your kind consideration please :
1. If my income is not more than stated above - can she still demand Rs. 12,000/- per month from me ?? Does the court pasess such orders ?? Else what is the basis for consideration before court for considering my correct income ?? How the court decides the per month maintenance ?? (In my family there are father who is a retired person and receiveing pention of approx. Rs. 10000/- per month and my mother - one younger brothe who is doing service and is married. My brother month salary is apporx. Rs 20,000/-)
2. How the proceedings for judicial seperation u/s 10 of HMA works ?? Is this is a way to Divorce ?? Can court give the dicre for divorce on lumsum payment to my wife by me ?? if yes, what cound be the amount of lumpsum payment in my case depending on the facts stated above. ??
3. is there any wayout to get rid off from all the above legal proceedings against me and my family ??
Please guide me as i am very very depressed and not able to find out the way in my life.
Thanks
Victim of 498 (very badly)
