| Originally posted by : Nisha Gireesh |
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Dear All,
Mine and my husband marriage solemnised after my husband got divoorce from his first wife. He has a son also in his first wife and we have a daughter also. I just wanted to know wether his first wife has any right over his property and other assets. His first wife has asked for maintenance money and the same was paid to her through bank. we all are staying toether.
His first wife is not yet married so will she get again right over his property. I want to make my life and my kids life safe and secure. I dont want these two kids right shoud be shared again to his first wife. Please let me know if she has right what is to be done to avoid such right because our marrige is legal after his divorce only and his first wife is a money minded lady.
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After divorce has been granted, it depends on whether it was MCD or not, if it is MCD and it was agreed upon where husband transfer particular property to the name of the wife, then such property comes under scanner if husband failed to fulfill promise made by him under terms of MCD.
Otherwise, once divorce granted, wife does not have any right over his property. But she can claim maintenance from him till she remarries. If husband fails to pay maintenance to such wife, and the maintenance becomes due and keeps accumulating over a period of time where husband did not pay the maintenance, the court can upon application for non-payment of maintenance to such wife and also children can take over the properties of such husband, auction them and give the proceeds to such wife to whom maintenance is due from such date of application.
However, if the husband has continued to pay maintenance or has paid maintenance of one time alimony as agreed upon in terms of MCD or contested under 125 crpc, then no charge over the property of the husband.
The children born out of such wedlock are considered to be legal heirs of Class 1 and will have 1 share each irrespective of male or female in the father’s property. If he ie your husband dies interstate you and your kids will also get 1 share each in the properties of your husband. No use to ask husband to make will, according to Hindu Law, his kids from 1st marriage and also second marriage including you will get one share each.
