paermanent alimony amount after re marriage
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Resolved
R/LCI Members
I want to file a dovorce petition,earlier 125 crpc petition domestic violence complaint are pending in the court,my husband is residing abroad ,he is not coming to India to face cases,nor he intends to give me divorce,now i want to file a divorce petition on cruelty and desertion ground,i want to know if i succeeded in getting ex party divorce decree and after that i got re married,than in that situation, i can claim for permanent alimony amount or not,presently i am not getting any amount as maintainance as 125 case is initial stage.Kindly suggest
Archna
M/s. Y-not legal services
(Expert) 19 May 2011
You have to note something mrs.archana.. Maintenance and domestic violence cases are pending, its ok no problem. You can file divorce petition against your husband. If you got exparty divorce mean its liable to set aside by your husband. But before set aside if you got re marriage mean no one can stop you..
Querist :
Anonymous
(Querist) 19 May 2011
Sir
whats about permanent alimony amount in that case.plz clear
M/s. Y-not legal services
(Expert) 19 May 2011
Then about maintenance, if court award maintenance for you mean, you can get your maintenance till your second marriage only. If you got second marriage mean your maintenance will be stopped.
M/s. Y-not legal services
(Expert) 19 May 2011
If its mutual divorce mean you have a chance to settlement.. But if its exparty divorce mean that way will be closed to you.. Even you can file a suit for recover your things which were you bring with you while your marriage.. Thats it. Apart from that if you got any out of court settlement mean its your good time.
Guest
(Expert) 21 May 2011
You can get ex-parte divorce, if your husband does not respond. That is only a secondary issue, if your husband files an appeal against the ex-parte divorce. You may also make a case for permanent alimony.
