Divorce in america court

Janmejaya Senapati (Querist) 29 September 2016 This query is : Resolved
Dear Sir ,

I am a hindu Woman got married to a hindu boy in India. Later I shifted to USA with my husband. I have two children. My husband divorced me there legally. I got married again to another person. Can I claim Maintenance in Indian Court.

Please , guide.

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Guest (Expert) 29 September 2016
No you can not claim maintenance now. There is provision of Foreign Judgment in CPC additionally now you are re-married . Under circumstances ans. is No.

You may wait for ans. from other expert since matrimonial dispute is not my specialization subject.

Guest (Expert) 29 September 2016
Is your present husband not able to bear with your maintenance expenditure?

Advocate M.Bhadra (Expert) 30 September 2016
You can not claim maintenance from your first husband for your second marriage.‘Wife’ includes a woman who has been divorced by,or has obtained a divorce from her husband and has not remarried.

Maintenance is granted to wife’s who are unable to maintain herself.As per Section 125(l) (a) of the Cr.P.C., if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife at such monthly basis.

Guest (Expert) 30 September 2016
Bhadra ji,

Profile of the author indicates, as if she is an associate lawyer, so such a vague question cannot be expected from a qualified lawyer.

So, there can be three possibilities of her asking such a quetion --

1) Either she can be a law student, not a lawyer, and would have created a fake profile at LCI to dupe the experts in getting her academic queries solved; or

2) The present query may be her academic query only, as the nature of question clearly reveals, and this would be her attempt to find solution of her law school exercise from the experts; or

3) She would have been interested in supplementing the income of her new husband by fraudulently means by claiming maintenance charges from her ex-husband.

So, she has now seems to have been successful to find answer for her academic query through Ms. Madhu & you.

Raj Kumar Makkad (Expert) 30 September 2016
An associate lawyer needs not to ask such absurd and vague queries just for testing the experts.

Rajendra K Goyal (Expert) 30 September 2016
No she can not claim.

Rajendra K Goyal (Expert) 30 September 2016
Being associate lawyer, consult your seniors for detail.

Devajyoti Barman (Expert) 30 September 2016
No reply for professional query......

Raj Kumar Makkad (Expert) 30 September 2016
Yes. I do agree with the observation of Baran that the issue is not concerned with the author rather she has raised a professional issue.

Consult local lawyers.

Ms.Usha Kapoor (Expert) 01 October 2016
Since she has remarried she can't claim maintenance from her estranged former husband.

Raj Kumar Makkad (Expert) 01 October 2016
Yes. Expert Ms. Usha has rightly attracted the attention of a vital point. Rightly after re-marriage the liability of earlier husband to maintain extinguished. You have not claim against your first husband qua maintenance.