Maintenance
sandykrish
(Querist) 01 August 2015
This query is : Resolved
Hi Ld experts, I would like to know the legal standpoint for the below marriage issues: Both husband and wife are divorcee and remarried. Wife has a girl daughter born out of first Wed lock, court has granted custody rights. Second marriage done 11 months back, now again the husband and wife are going through the rough patch due to misunderstanding and has filed a maintenance case U/S CRPC 125. Wife is working in corporate earning 40k month, she has claimed maintenance for herself and daughter. In the above scenario would the second husband responsible for maintenance of the daughter? As she was born out of the wedlock of first marriage, what defensive options we have to take care of the situation.
SAINATH DEVALLA
(Expert) 02 August 2015
Firstly SC has clearly said that" NO MAINTENANCE TO BE PAID FOR A WELL EMPLOYED WIFE OR A WELL QUALIFIED WOMAN" and secondly she cannot claim maintenance for the daughter,because she was born out of the first marriage and not adopted by her second husband.
P. Venu
(Expert) 02 August 2015
Is the first husband paying maintenance for his daughter?
SAINATH DEVALLA
(Expert) 02 August 2015
Yeah, I missed the point raised by Mr.Venu
sandykrish
(Querist) 02 August 2015
Thanks Sainath and Venu sir, the point is the first marriage is dissolved as per MCD settlement and he has clearly mentioned that 5 lakhs settlement is for child. No maintenance is being paid now by first husband.
Guest
(Expert) 02 August 2015
Well advised by Expert Mr.Sainath Devalla
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 August 2015
You have posted your problem in many threads with varying situations.
Some where you have said wife is getting stipend and here you say she is well employed.
As I had earlier told you that in such cases you must get highly special experienced legal help since it will create life time liabilities.
It seems from your earlier post that some interim order is passed so being interlocutory there will be no revision.
Again if the husband earns more or have better living conditions than wife is awarded maintenance even she is earning.
Rajendra K Goyal
(Expert) 02 August 2015
Agree with the advise of expert SAINATH DEVALLA in the given facts.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
If she is drawing a handsome salary through employment she may not be entitled to claim maintenance, the child of her first marriage will not be eligible to claim maintenance from her step father.
