Legal Question in Family Law in India

Dear Sir,

We married in Apr2007 and my wife is not staying with me since June2008 till date.After marriage in May31 we went to

Abroad as i was on project there from my company.During this period she used to fight with on small small things i

thought she will start understaing things over time. She used to threat me for suiside also. I observed her behaviour

every 10-15 days getting chaged and behaving abnormally.In between her mother health was not good so she wanted to go

back to india to meet her, so i send her and he went to india in oct2008, her mother passed away in nov2008 during

that period i was there with my wife and their family to support them for 10days.Due to project work i had to come

back to abroad and i told her be with your family to support them as during this period they need her more. In mid

december 2008 my mother met with an accident and had fractured in spinal so she was on complete bed rest.I told my

wife to go and support my family for some days she denied it. Then she started saying she wants to come to be with me

so i arraged for her tickets my papa helped me from india, as her baggage were there so she went to my parents place

for 10days and then came to abroad. Again coming here she was always worried about her family so i used to support

her and giving her strenght that i will support her family. Still she used to fight for small things it was becoming

difficult for me to understand her nature sometimes.

During this she become pregnent and when we came to know i was very happy but when i asked her reactiong she told

that she want to do abortion. Initially i was shocked later by talking to her she was also fine with that. Again

after few days she started for abortion i told her one soul is going to come inside you, if you will reject like this

he/she wont come then she stop saying anything on it. Due to hard luck or destiny we came across such a doctor who

gave some wrong medicine and proper growth didnt happen according to months cycle. As both of us didnt have trust on

doctor we took permission of doctor and deicded to move back to india - Pune as my baselocation of work there. As i

was coming to india after 2years i didnt have my rented or own home so we used to stay initially with my sister's

place, so i can immediately took her to doctor and have proper treatment so When we came to pune i took her to pune

's famous gynecologist very next day as she was going thorugh pain in stomach doctor told it needs to abort as baby

doesnt have heart built, doctor told to have immediate operation else it would danger for my wife.So we decide to do.

Once it is successfully completed she wants to visit her father's palce for taking rest. During this period her

father was in pune as her sister got job in pune.I sent her to her father's place where she stayed for 1 month. After

that her father and sister moved back to rajkot (original place).Once they went back to rajkot she demaded that she

wants to go back to rajkot. I told her be with my parents for sometime as you never stay with them and always wanted to go to your place, by saying this she misbehaved and started fighting. Meanwhile my parents were decided to visit my grandmother so they asked me to take my wife along with them so she will have change of place. She agreed and went there, once they reached there she started fighting me on phone and saying want to go back to her fathers place. So i decided let her go and stay with her father for sometime meanwhile her father called to my father and me that as they have planned for Yagna where she will be required. So we sent her immediately as it was religious work, i told her to come back in 3-4 days meanwhile i will search good rented home in pune. But after that she didnt come back and day by dya over phone she started fighting and misbehaving with me and my family. I tried convincing her all the way but she was not ready and while talking to her father he also giving same reply. It went till Jan2010, finally she sent notice to me underc IPC 125crpc with allegations on my mother, sister and me and asking for maintanace of 50,000Rs per month.

I have below question please help me answeing in detail and also let me know what i should do next, as we were never in such situation ever.

1. How much max amount i need to pay for maintanance? I am ready to pay for mainatanace. My inhand is 62K and my expenditure is 60K (32K home loan, 9300 Rented home, 15000 monthly expence, 3700 medicine for my parents). She is asking for 50,000/month

2. I am afraid the way she put wrong allegations she can put all allegation under DV act also, what should i do it stop it?

3. She has filed this after 1.5yrs of separation, if she wants to file for DV can it be applicable? What is the max punishment under DV act which we havent done.

4. I can not tolerate this girl due to incompability and due to her behaviour towards my family and parents. how do i go about divorce? If she is not ready then how to go about it?

5. what steps should i follow to make myself out of it?

Please guide me.

2 Answers from Attorneys

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