I have filed section 9 against my wife on Jan 2013 as she was staying in her home since 18 months & was not ready to settle with my family. In July 12 she joined a service of Asst Lecturer in a village 40 kms away from her home for 3500 salary. Now, she says she will not come untill she gets 28 code from University, which is not true. She wants me to live seperately with her, leaving my old Father &.mother. After counselling, she was forced to stay with me & continue her job from my home town, which her parents & herself was not ready to do so. After 2 weeks of counselling she came to my home along with our 2 kids and went to college next day. After returning from college she expressed her uncomforts doing the job from my town. And denied to do any work of home & provoked for a fight intentionally. She reported this to nearest Police station and pressurised TI to take action through political source and I am acussed for 323, 506. Now she wants a judicial Sepration. And I am not in favour of that. Please guide and resolve my query :
1. Judicial sepration requires consent of both of us or Court may take this decision on her request or it depends on courts sole discretion ?
2. She may ask for Maintenance, and I will pay it but my elder daughter is 3 yrs old and I want her education to be started, while staying with me and not in a village.
3. It will be more better if I can get divoce instead of Judiciary Sepration. Atleast I can acquire 1 child after three years. What would be better ? My wife is not ready to give divorce now.