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Ruwi kumar (Excecutive)     13 December 2011

Maintanence

Hi 

I am a 33 year old male who was 1st married in the year 1998.  My wife is basically a christian and i being an hindu she converted herself to my relegion as it was a love marriage so that my parents would accept her.

We were blessed with a girl baby in thge year 2000, and as time passed we fell into misunderstandings which finally landed up in divorce in the 2004. However my daughter is still lives with her.  She was the one who initiated the divorce and since i did not turn up for the court hearings the case was an ex-party.  (In favour of her the divorce notice was served under cruelty grounds).  So as to avoid lonliness and sterees out of the 1st marriage i remarrired a widow in 2009.  Once in a while my 1st wife calls me just to wish on ocassions and festivals.  Although things are smooth as of now i just want to know if my 1st wife has rights to calim maintanence or property share as the case was an ex-party.  please advice. 



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     13 December 2011

 

Ruwi Kumar,

The Answer is : YES

Divorced wife is also a “WIFE” in the eyes of law of MTN

Your 1st Wife has right to claim maintenance for her [if she is not earning sufficient to maintain herself] and also for your daughter. 

She can claim residence right also, and can ask you to provide residence for your daughter.

Your daughter is entitled to any of your ancestral property, and any property that you leave behind you intestate. 

 Adv Shroff

13-12-2011

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 December 2011

Dear Rawi

mr. Sharoff is rightly explained


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