divorce

Probbaly you have r ead abot maintenance/Alimony is some publication ..

Generically speaking; Permanent alimony may be amount taken once for all, for maintenance of the divorced spouse ( husband or wife)

Maintenance may be the amount to be paid on monthly basis by either of husband or wife before divorce by court, during proceding of divorce or after decree of divorce.

However before your brother rushes to act in any sense or remarry ask him to get in touch with his counsel ASAP and recheck and reconfirm.

He may marry if there is NO lacuna in case/provision of appeal (per facts of matter and decision of court) e.g; MCD

Or after period of appeal…by other spouse

Alimony; maintenance/Spousal support/Sustenance…………..based on applicable family/personal laws…

e.g;

Hindu Marriage Act;24

Indian Divorce Act;36,37,38

Remember facts of the matter may vary from case to case and courts have delivered judgments that set precedence…

And in matrimonial disputes there are many new judgmenst per facts of the matter..

So your brother can remarry after appeal period of divorce, per facts of matter pertaining to your brother.

The court may amend the maintenance if facts and circumstances have changed to satidfaction of court..

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

In the meantime you may go thru;

Supreme Court of India

Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017

CIVIL APPEAL NO.  5369    OF 2017

                  (Arising out of SLP(C) No. 34653 of 2016)

Author: ..….…...........……………………….J.

Bench: R. Banumathi, Mohan M. Shantanagoudar

Afrer separation from marital bond as per proven customs of community (acceptable to courts of law and separation that can be sanctioned by courts of law as valid divorce ), divorce  per provisions of personal law that applies, divorce  from court of law ………….and then after appeal period is over either of the divorced spouse s may remarry.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.