Maintainance after divorce
Querist :
Anonymous
(Querist) 12 May 2010
This query is : Resolved
couple got divorced and now wife is planning for second marriage. She has 6 yrs old child and the custody is with her. Will maintainence paid by her ex husband continue after her second marriage? If child does not want to meet his father what needs to be done?
Virender Pankaj
(Expert) 12 May 2010
As per Hindu Marriage Act, 1955
25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it shall rescind the order.
26. Custody of children.- In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.
adv. rajeev ( rajoo )
(Expert) 12 May 2010
After second marriage wife is not entittled to claim the maintenance from his ex husband. If child dont want to meet the father he cannot do anything, but he can seek for the child custody.
Even after second marriage if wife hiding that fact continued to claim the maintenance husaband will have to file petition u/s 127 of Cr.P.C. to alter the order of maintenance
Ashok Yadav
(Expert) 12 May 2010
As per Sec 25(3) After remarry of a divorcee female she will not be entitled for getting maintenance from her ex husband.
Custody of child can be claimed by father but the court will decide the matter.
G. ARAVINTHAN
(Expert) 12 May 2010
Maintenance claiming is not maintainable for a wife after her second marriage.
For custody of child/ visitation rights father of child have to initiate legal steps
