Maintanance

Hi Intellectual Advs,

My wife has left me alone since sep 2013 for her parents home, she has filed domestic voilence  and Maintenance case against me at her parents home city. Marriage is 3 yr old.We are having male child 2 yr old.She is Mcom , done jwellery design course, and was working off roll in private company.i am not having evidence that she is working but i knw she is working can photographs help as i cant provide salary slip.She is not having evidence of any voilence and blaming only verbaly,my adv has taken stand that she has deserted me left me own her own wish without sufficient reason.she has always forced me to give costly gifts to her parents and deposited money in their acnt, im having proof of same as well. Kindly suggest how to approach-

A) Maintenance case of her and son? Maintenence is calculated on whole salary slip or basic salary

Maintenance is Gross salary minus expenses [loan insurance etc] = take home salary.  Provided you provide IT returns and all necessary bills etc.

b) Domestice voilence case. where she is demanding interim , flat to live, but ready to move with me in my home.

If she has asked relief u/s 23 of DV then you will have to pay either rent to her or let her move in to your flat as per court order, if not, you will have to face warrant, eventually arrest for non-compliance of such order.

c) How can i get  Custody of child
When child turn 7 years of age, you can file custody case. Right now you can get visitation rights and nothing more than that.

d) Visiting rights to child as he is with her. 

E) require copy of orders where women was unable to establish domestic voilence against men and lost maintenance case to men.

No benefit using citations, even you put them stating blah blah blah, magistrate wont read all that. This case will go long if section 23 has been asked by petitioner, if not, then too your wife has to prove DV, and that will take a lot of time [5-6 years].

If she is working somewhere as you have told above, and not getting details of it, ask for appointment of court comissioner, he will get details of all movable, immovable assets, bank details, employment details.