Re- maintenance
AJIT KUMAR
(Querist) 11 July 2016
This query is : Resolved
Dear Sir,
The district court allowed a maintenance of 4000/- against which I got stay in maintenance case from High court to pay 50% amount till the judgement. I want to ask I got divorce recently, an I liable to pay the maintenance to her. If I have to pay, then what are the ways to get out of this. May be she can live with somebody in live in relation OR may be she can marry, but I cannot prove it as I am living in other state, whereas I have to pay her monthly.
Also let me know, do she has any right on my property in any manner... (we have a girl child, staying with her).
I want to look after my baby, but I dont want to pay anything to my wife.
Can anybody suggest a way.
Thanks
Devajyoti Barman
(Expert) 11 July 2016
Since the order of maintenance is there you have to continue to pay the same.
Divorce is no ground to avoid maintenance
Guest
(Expert) 11 July 2016
Mr. Ajit,
No way can be suggested, as you were supposed to ask for the ways from your own hired lawyer.
Your questions are such that you cannot deny that your questions are not academic in nature. The question arises, if you had been fighting your case and got divorce, why you have not asked such questions from your own hired lawyer, like if she lives with some one else or remarries or would she have right on your property, or you want to look after your baby.
However, for your information, cases are not decided on "may be' or may not be." Divorce or no divorce, maintenance of your wife and child is your liability. You can't deny, even when you have got court order. You will have to pay even enhanced maintenance allowance, even if revised any time retrospectively.
Rajendra K Goyal
(Expert) 11 July 2016
Maintenance has to be paid as ordered by the court.
You have to gather information regarding her remarriage, no other method.
AJIT KUMAR
(Querist) 13 July 2016
Thanks to all for suggesting me.
Another thing I want to ask is, as I have got divorce, can I go for second marriage right now.... OR I have to wait for 3 month as per law (if she go to appeal further in High Court), is there any other option for me to register second marriage.
Devajyoti Barman
(Expert) 15 July 2016
After 3 months from the date of grant of divorce you can go for remarriage.
Guest
(Expert) 15 July 2016
Rightly advised by Shri Devajyoti Barman.
