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N.Srinivas (Chief Manager)     10 December 2010

divorce in the second marriage

My friend got married earlier and has a child from the first wife. He got legally seperated with mutual consent last january 2009. The legal binding is towards the kid for paying maintainence and no alimony to the ex-wife.

He got married again in the month of july 2010 to a girl who already has a son from the previous marriage. The girl had lost her husband in an accident in 2005. The initial phase of the marriage was good and now the same is not working out because of various reasons, the primary being there is no mental or emotional connect. The reason also is since there were huge arguments happening and my friend has now lost interest in the same and is contemplating to get out of the marriage. He tried his best to change the scenario but in vain and suddenly now the girl has changed her way of life and wants to continue in the relationship.

My friend now feels that it is a short time gain and actually is no mood to continue and wants to get out of the relationship and continue to stay alone. He is not looking for settling down again and just to have a mental peace of mind and to continue to do things for the daughter from the previous marriage is lead a normal life.

My question

1. What are the legal implications on the same

2. Is he to pay maintainence for the kid of his second wife which he is not the biological father.

3. What are the grounds of getting divorce.

4. What kind of complications can he face from the girl or from her parents.

5. Is he bound to pay alimony to the second wife who he wishes to divorce.


Kindly answer my querry.

 

Srinivas



Learning

 3 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     10 December 2010

 

1. What are the legal implications on the same - as he has married if at all he wants to file divorce case then it is prerequisite to have consent of wife to process it easily, if not possible it will be difficult.


2. Is he to pay maintainence for the kid of his second wife which he is not the biological father. - this things will be decided in favour of your friend but he will have to pay maintenance to wife.


3. What are the grounds of getting divorce.- creulty could be the best ground, but from your friend scenerio it does not exists, therefore it is difficult.


4. What kind of complications can he face from the girl or from her parents. - to complete marriage rights under Hindu marriage act or maintenance case or u/s. 498 case


5. Is he bound to pay alimony to the second wife who he wishes to divorce. - look this is a settlement option if your friend choses the same.


Regards


N.Srinivas (Chief Manager)     10 December 2010

If the wife does not give the consent for divorce, then what is the next course.  Can annullment be a process for the same.

SACHIN AGARWAL (ADVOCATE)     11 December 2010

Good advice by Advocate Gadga.


If second wife does not give consent, then the suit can be filed on the grounds available under the law.


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