Can a woman remarry after getting permanant alimony


Dear experts,

I had got divorce from Family court based on desertion and cruelty caused by my wife.I was paing mainennace under section crpc 125 to her and minor daughter.In the high court, we compormised and I paid a fixed amount to her and daughter as permanent alimony to settle all cases.She has got the permamnet custody of child as per the compromise terms.

Now after receving the money, she is getting married,Is this allowed after receive a huge amount as permamnet alimony?

Can I get custody of my daughter after my ex wife remarries ?

Thanks for your suggestions and opinions

 
Reply   
 
legal advisor

yes she has all rights to remarry and since you had made a compromise regarding the custody of the child you cant claim it even after her remarriage unless if a situation arises where the child is subjected to torture where you can claim custody of the child considering the welfare of the child by filing a case under gwa
 
Reply   
 


advocate

She is entitled to remarry after getting permanent alimony.  You are estopped to claim the custody of the child due to your voluntary acceptance of settlement granting her child's permanent custody, but after a consultation with your advocate, you can find out a way to seek court's indulgence to reconsider the custody of the child in the changed circumstances.  But, your attempts in this direction are sheer to harass her instead of providing fatherly care to the child, refrain to do so, because it will hut not just her but the child also.  If you are solitious about the child's welfare, then your advocate will properly guide you to seek some relief in the direction of custody or at least regular visits.

 
Reply   
 
instructor

Yes she can re marry after her divorce from you, as she had got child custody from the court by your mou condition in mcd, you cannot claim child custody on the ground of her re marriage , you can take custody on change in circumstances if she tourtoured the child or she careless about the child future .
 
Reply   
 
Advocate Solicitor & Consultant

Dear Friend, After getting a decree of Divorce wife becomes an individual entity seperated from the family bond of husband and wife committed to each other. Alimony do not deter her to re marry any more whether it is in a terms of monthly maintenance or a permanent nature in one shot.She is entitlled to get both before getting her self remarry and not after that. In your case she has taken a permanent one shot alimony from you and after it gets married with other person is a legal step she has taken.

 Now come you your daughter's custody side  she the legal custody of a dependent child  is decided always on the paramount objective of his her welfare and nothing else. In cas you can establish that your daughter's future will be better taken care off with you after your wife's remarriage you can get the custody of your daughter. Though you have given a permanent custody of your daughter to he but in the given and changed scenario you can reclaim her custody showing that her future welfare will be more secure and filling with you. pl go ahead. you can call me for any advise or help.

 
Reply   
 
student

vey well. once for all case was completed with your fullconsent. why do u turn herside. leave her and let her live . if ur child is under torture then u can claim custody with support of ur advocate.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu