wife needs divorce but iam not willing for it because of 11 months baby
We are Jains and married under hindu marriage act..We have been married 2 years 2 months...right from the 10-15 days of marriage my wife started torturing me for leaving me...in order to fulfill her petty wishes...her family background is such 1) her mother was living separated from her husband for 18 years 2) her elder sister is under divorce to her husband and still running a case since 9 years 3) Presently my wife has left the home on her own will with my 11 months old baby (daughter)...i am ready to keep her but she doesn't want to stay with me and is demanding maintenance. When she was leaving home she behaved very rude and used abusive language with me and my widowed mother and when she came to beat me and my mother with slipper i slapped her in a protest...now she is torturing us that she will give us in Police and also claim maintenance...the main reason behind is her family background and involvement of my in-laws means her family members for each and every personel matters between both of us....the girl is misusing Indian Marriage & Divorce act...and ruining my life...i am in lot of debts after marriage to fulfill lavishing life for my wife and my wife is aware of the situation but still she is torturing me day by day...
Is my wife liable for maintainence even If my wife leaves on her own...and i am willing to keep her what kind of step i must be taking down because for me marriage is only once in a life time...and its all my hard earned money which i spent on my marriage...and i cannot afford for another...please help me out in this situation...and can i sue my in-laws based upon their family background that they only marry for name sake as for maintenance sake and leave their husband and stay separate...what kind of action i can take against her....slapping her in a protest can she complain in Police against me.. and because of this reason can she claim a divorce...and if so how long it will take for divorce...and i am very much attached to my little baby daughter and i want to keep her with me can i do so...? and i dont have any property in my name...the house in my mothers name....and i have no bank balance...and i am in debts...then how will i pay maintenance to my wife in this situation...but i can keep her in what situation i am living and can afford for day to day living in my mothers owned house...where rent can be saved....? in this situation what step can i take...my wife is less educated as she gave in writing before that she is 10+2 studied but now i dont even find her educated till class 10... i am a graduate...and this is a big issue of incompatability between both of us....
Iam not willing for divorce as keeping in prospects of my 11 months old baby....
My advice to you is write letters to her asking her to come back and keep copies of that letter( send them by speed post/ courier and keep reciepts along with copies) send her messages and save all the replies that she sends you. Keep making the offer for sometime..and keep all the documentary proof safe..Even after that if she refuses to come then you will not be liable to pay any maintainence to her..A suit under s 125 Crpc cant be sustained if the woman has left her matrimonial home on her own accord and isnt willing to come back even after repeated efforts of reconciliation from the husband. If she keeps doing it for 2 years then you can file for divorce under Section 13 Of Hindu Marriage Act as continued desertion for a period of 2 years becomes a ground for divorce straightaway in which case you will also not be liable to pay any maintainence to her.
Moreover if you can prove that she is not even 10 th pass and she had made a false representation to you in this regard then it will become an additional ground of divorce for you.
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