Legal Question in Family Law in India

Hi,
My wife left with my 2 yr old son from my house and she is currently in her own house. I have filed for restitution of conjugal rights in order to live peacefully with her and son, not for divorce. But she hasn't attended counseling or court . Now after 8 months she filed against me seeking divorce, filing unwanted things like they have given 10 lakhs, of which I and I have spent 5 lakhs lavishly for alcohol, illicit drugs for 3 yrs and also they have given 75 sov of gold in which i have spent 25 sov of gold lavishly for alcohol, illicit drugs,...
They have actually given 5 lakhs and only 25 sov of gold and that too in her name only. Now they have calculated with their advocate stating an amount of approximately 5 + 7 = 12 lakhs and rs 12, 500 as maintenance for her and son claiming that i am earning 50,000, that too is absolutely false. They are also stating that my parents and me have undergone treatment in mental health hospital , which is also false.
Dear sir, Kindly help me in this regard.
1. My wife wanted divorce.
2. She also stated she has no source of income and is dependent on her parents, so I have to give the above-mentioned false amount and 12, 500 as maintenance and 12 lakhs for the money and gold which they claim i have spent lavishly, is absolutely false.
3. She does not want me . She only wants money , property and 2.6 yr old child and she has no other source of income and she is stating I am earning 50,000 and wanted 12,500/month as maintenance.
4. I do not sir what to do with this situation. my advocate calms me down saying they have to proove these to win and because they have filed for divorce, they will lose for sure and also that I can claim for child custody.
Thank You,

Asked on 7/01/12, 6:37 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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mere asking for a certain sum of maintenance does not entitle the claimant to receive the same. she has to prove you income and her incapacity to earn.

Answered on 7/01/12, 10:36 pm

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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your advocate is right that she has to prove that you can afford to pay her the amount of maintenance she demanded. You can defend yourself thru your lawyer.

Answered on 7/02/12, 12:51 am

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