Second husband

Greetings!

Thank you for your question.

Maintenance is given by the person on whom the other person depends on. The amount of the maintenance is dependent on the earning of the person and the necessities which other person required and the necessities which a rational man needs to live a normal life.

Types of Maintenance-

1. Interim Maintenance- This maintenance is paid from the date of filing of the petition to the date of the dismissal of the suit.
2. Permanent Maintenance- It is the amount which is been paid by one party to another after the judicial proceeding.

Maintenance of Wife under HAMA

As per Section 18(1) of Hindu Adoption and Maintenance Act, 1956 the wife is entitled to get the maintenance amount from her husband until she dies or he dies. The Hindu wife is also entitled to take get maintenance even if she lives separately from her husband under certain grounds.

Maintenance under CrPC

As per Section 125 of the Code of Criminal Procedure, only a woman either take divorce or given divorce by her husband and who hasn’t remarried any other man is entitled to get maintenance.

Under Section 125 of the Code of Criminal Procedure the person has to maintain:

1. His Wife, who unable to maintain herself.
2. His Legitimate or illegitimate minor child whether married or not married, who unable to maintain itself.
3. His father and mother, who unable to maintain themselves

So to answer your question, you will have to pay your wife, it if it proved that she is unable to maintain herself. However, it is not necessary that you will be asked to pay her. There are provisions for maintenance for husband as wll under Section 24 og Hindu Marriage Act,

For more details kindly refer these-

https://www.lawyersclubindia.com/articles/Husband-s-right-to-get-Maintenance-from-his-wife-10256.asp

https://www.lawyersclubindia.com/articles/Calculation-of-maintenance-and-interim-maintenance-to-wife--7822.asp

Hope this answers your question.

Regards,

Karishma Yadav

You did not mention your age at the time of your marriage with the divorced woman ?

It is presumed that you are under-age i.e., less than 21 years than the marriage is invalid / illegal and voidable.

However, if you had completed 21 years of age then you will have to pay permanent alimony to your wife at the time of divorce irrespective of the fact that she has already taken the money from her previous husband.

Nothing presumed be taken as appropriate opinion.

Originally posted by : Sagar kumar
	I'm a student  I married a divorced woman she was 7 year younger then me & she was a job holder getting salary of 20.000/- she already claimed life Time recovery amount from his 1st husband and get the amount now our marriage life not going well if I want to divorce her can she again claim for Money from me like her 1st husband ?

1. Irrespective of the Alimony /Maintenance received from 1st Husband, Wife is entitled to Alimony /Maintenance, from you (depending on your financial status), if you file divorce proceedings. There is no exception to this even if you are a student or whatever.

Keep Smiling .... Hemant Agarwal
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If your marriage is a valid marriage under teh laws that you have been married under, then you will be liable to pay alimony for the divroce, irrespective of it being the second one for her or not. Further, since she is remarried to you it makes it your liability to maintain her even after the divorce as your marriage has sucessfully ended her relationship with the first husband with regard to alimony or maintanence. Please look into Section 18, 25 of the HMA as well as Section 125 and 127 of CPC. 

However, she will not be granted alimony if there is not a significant differnece in your earnigns or if she is earning for the family. You may refer to the case of Circulate among the Judicial Officers of the State v. State of Gujrat R/CR.MA/14361/2010 - para 3.