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Balanand (Self employed)     24 April 2014

Divorce alimony

My wife has send a divorce petition on account of cruelty and harassment whereas i am the actual victim .I was trapped into the marriage.This was her second marriage and she is claiming for maintenance.I am in spot since i abroad on an company assignment and it's very difficult to go back to india. Would she be eligible for a maintenance even if its her second marriage?Her 1st marriage was broken on the same grounds.



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 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     24 April 2014

If first marriage broken legally, then she is entitle for maintenance..

Laxmi Kant Joshi (Advocate )     24 April 2014

if she had taken legal divorce from her first husband and afterwards she had done her second marriage, then her second marriage is valid and can file divorce and maintenance case against you to get same from you .

Balanand (Self employed)     24 April 2014

Thanks for the reply.Her first divorce was legal but i came to know about the first marriage very late.Now she has send a notice on harassment with all lies in it like i asked for dowry n all.My life is messed up now.

Adv k . mahesh (advocate)     24 April 2014

what exactly gone wrong is not clear from your query 

but it is clear that even second marriage is on break up if already filed divorce then contest it or if you want divorce from her agree and settle the issue and about maintenance you have to pay her if court grants after seeing 

about alimony if she asks dont  bend what she demands argue on the amount she demands say if she asks 1 lakh then you can say 40 thousand then it will come to a figure and settle the issue

advocate Avdhesh chaudhary (advocate/ legal consultant)     24 April 2014

if she has married after divorce & if she is not earning & unable  to maintain herself then she entitled for maintenance. if you want to contest you have to defence of many things so maintenance could be denied to her. for forming straetgy you may call me on 09891507137. Advocate Avdhesh Chaudhary


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