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Stock Mavericks   08 June 2023

Ex wife remarried and she has a child

Sir 

My ex wife and me got divorced after 6 months . No child .. I paid 15 lakhs as Alimony (one time settlement) by selling our house ( parents house)

She got remarried to a person and has a child  and now divorced him as well

Is there a way to claim the Alimony paid as she got remarried?

Please  suggest. 



Learning

 6 Replies

RAUL   09 June 2023

Recovering a one-time alimony payment after divorce, in India, is generally challenging unless there are exceptional circumstances (agreement or loophole) or legal provisions or precedent that permit such recovery.

Typically, once the payment has been made and accepted, it is considered a final settlement of financial obligations between the parties involved. 

However, family law in India is intricate and can be subject to interpretation depending from case to case and various factors. 

Therefore, I suggest you, seek legal advice regarding your case for accurate information on this matter. 

For further details leave a personal message.

Dr. J C Vashista (Advocate )     09 June 2023

No such law exist in India where amount settled and paid on account of present, past and future alimony paid to an ex-wife can be recovered  

Please enlighten us, if any such precedence / citation existed. 

Real Soul.... (LEGAL)     09 June 2023

No, you cannot claim anything from past that has been settled. You must stop keeping track record of your ex- wife and move on , it has flown out and you hold yourself through jilts and revenges in a negative way.

Advocate Bhartesh goyal (advocate)     09 June 2023

Neither you can legally recover alimony amount from your ex-wife nor entitled to get it.Drop the idea.

Niharika Lohan   09 June 2023

Hi, I’m Adv Niharika and this is my take on your query.

Once the divorce has been granted and marriage is dissolved, accounts re settled (maintenance/alimony decided by the court), the relational ties of both the parties comes to an end. No obligations or liabilities arise towards each other, in case there is no child to take care of and the alimony has been settled, so much so as in your case.

It becomes an independent decision whether either of the spouse to the divorce remarries in the future or not. In the case either one remarries, they do not owe the former divorced spies any liability, obligation or duty to return the alimony amount. No such law exists in India. Once the divorce is concreted by the court, both parties become absolutely in depend of each others’ life and can do anything (marry, divorce, or marry again) without owing any duty or obligation to the former spouse.

I hope this helps you, in case you need any further assistance, you can contact me at niharikalohan@yahoo.com

1 Like

Shashi Dhara   14 June 2023

Solved problem cannot be reopened or challenged  ,already you have get rid of her .


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