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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 November 2010

Maintenance/Alimoney to women in 2nd Marriage

 

Anybody has any idea about any Judgement / Law in the second divorce case of lady for maintenance/alimoney who has already taken lacs of rupees in the first divorce and is earning good interest on fixed deposit and is also getting good salary.

The dispute is on flimsy grounds.The husband is ready to take her back and give assurance in writing for each and everything.

Is there any judgement or law which allows maintenance/alimoney in the second marriage or bars it.

 

 



Learning

 7 Replies

Arup (UNEMPLOYED)     25 November 2010

THE SAME PROCEDURE WILL FOLLOW AS THE FIRST CASE.

RCR CAN SUCCESSFULLY RESIST MAINTENANCE.

PLEASE DO NOT BEND TOO MUCH, THIS WILL ENCOURAGE HER.

adv. rajeev ( rajoo ) (practicing advocate)     25 November 2010

I agree with arup

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     26 November 2010

Dear Arup Ji and Rajeev Ji,

Thanks for your response.

Can you through some light on the following:

A  (Husband) a widower with one child marries with B (wife) a divorcee with one child.

A is bearing all the expenses on house hold, education etc. of second wife's child from previous marriage.

B didn’t talk about legal adoption before marriage but after some time started insisting to legally adopt her child.

A requested to give some time so once the life is normal then adoption will be done or as and when the need is there. As presently B do not allow A to control the child properly but is insisting for adoption.

B fought on some issue and went with her parents to their house and now her parents and B are insisting for legal adoption else she will not return.They are separate for 6 months now.

A is ready to give in writing that he will bear all the expenses even on higher education, marriage etc. of B's child from earlier marriage but they are not ready and insisting on adoption first.

B at the time of her first divorce took around 20 lacs from her ex-husband and the same is lying in the fixed deposit and she has also started working and earning around 21,000/- per month.

A is trying his best to resolve the issue and is ready to do everything except adoption at the moment to save this relation but B and her family is adamant and don’t want to even talk before adoption.

A is ready to adopt to save the relationship but wants some time after she returns and stay amicably and give authority to A to guide the child then he plans to adopt.

After adoption will step father have say or biological mother still can rule and take child away and ask for maintenance for herself and child.

Is their any way to ensure commitment of B towards this relationship for a long term.

Please suggest the way forward.

Thanks

 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     29 November 2010

Dear Arup Ji and Rajeev Ji and other experts,

Your advice is solicited please.

Thanks

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 November 2010

DEAR ALL,

YOUR EXPERT ADVICE IS SOLICITED ONTHE ABOVE ISSUE ON URGENT BASIS.

 

THANKS

Jamai Of Law (propra)     30 November 2010

Why should she get it more than once?.......................as many times a woman faces the break-up...............those many times.............. she is entitled to it.

 

 

(Hidden) Objection seems to be on the mode ...lumpsum vs monthly payment for life...........

 

 

Nobody forces the divorcing husband to give alimony/maintenance in lumpsum......Stop giving it as one time payment...so this jealousy will go away.

 

 

Because husbands rather prefer to pay lumpsum instead of paying her for the lifetime....that's why poor women think to re-marry.............more often than not..........women also do cost-benefit analysis and why shouldn't they?........

 

 

Maintenance given has been a pittance in 99% of the cases.........and hence other things have got evolved ...lawyers to bargain a good amount...and hence their percentage etc etc etc.

Dharmesh Manjeshwar (Advocate/Lawyer)     30 November 2010

Why is A not ready for adoption of B's child ? I think A should do it and get closer to the child and gain his/her confidence & love. 

Even after adoption B can still take away the child and claim maintenance from U but she would have to give valid reasons for not staying with U ...........

As far as maintenance is concerned if U prove to the Court that she had fixed deposits from her 1st husband's money and a well to do job also ........ the court may give u some relief in the maintenance amount.

There is no way to ensure committment from either a wife or a husband ......... it is only love & trust ..............


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