Can a woman remarry after getting permanent alimony
DV victimmmm
(Querist) 28 December 2015
This query is : Resolved
Dear experts,
I had got divorce from Family court based on desertion and cruelty caused by my wife.I was payng maintenance under section crpc 125 to her and minor daughter.In the high court, we compromised and I paid a fixed amount to her and daughter as permanent alimony to settle all cases.She has got the permanent custody of child as per the compromise terms.
Now after receiving the money, she is getting married,Is this allowed after receive a huge amount as permanent alimony?
Can I get custody of my daughter after my ex wife remarries ?
Thanks for your suggestions and opinions
SAINATH DEVALLA
(Expert) 28 December 2015
if the wife remarries, the husband is absolved of his responsibility and can petition the court for orders to stop the alimony. Similarly, if there is a change in circumstances, that is, the husband is unable to maintain the wife due to a financial crisis or any other adverse situation and the wife is financially independent earning a decent salary, then the husband may petition to the court to address the changed circumstances. The the court may, taking into account the facts, evidences and circumstances prevailing at that point of time, modify, vary or rescind the order.
But his liability towards the children continues.
M/s. Y-not legal services
(Expert) 28 December 2015
Divorced wife not entitled to get future maintenance from the first husband.
If there is permanent alimony Mean no hurdles to the wife. Court would not direct the Wife to repay the alimony amount to the earlier husband.
M/s. Y-not legal services
(Expert) 28 December 2015
If the divorced wife remarry also she is only can be the Guardian to the minor child.
Even accoeding to case and fact it's May differ..
Guest
(Expert) 28 December 2015
When paid and what was the amount of permanent alimony you paid for your wife and child individually?
About 8 months back you posted a query about the appeal of your wife against divorce, what is the status of that appeal, in whose favour that was decided on which date?
SAINATH DEVALLA
(Expert) 28 December 2015
Dear Querist,
Answer the questions raised by Adv Dhingraji
Sudhir Kumar, Advocate
(Expert) 28 December 2015
paying permanent alimony (one time settlement) is purchasing liberty.
it doe snot mean that the woman is purchased by you and she cannot re-marry.
Devajyoti Barman
(Expert) 28 December 2015
There is no law in any part of the world which put restrictions in remarriage on receipt of alimony.
I wonder what your reaction would have been if she had put restriction on you not to remarry if she relinquished her right of maintenance.
Rajendra K Goyal
(Expert) 28 December 2015
She can remarry after getting alimony.
DV victimmmm
(Querist) 28 December 2015
Thanks a lot everyone for your reply.
The appeal she had filed was not contested.
The only question was the amount to be paid which was decided and we reached a compromise.
I asked this because she had cried before the court saying that she can't remarry and she needs money for herself and the child. The divorce was initially granted without any alimony to her.
I have paid 12 lakh as permanent alimony and the problem is that all, money is going to her brother.I am not sure what she is going to do with the child.May be she will give her to someone in her relatives. She was not ready for visitation also, so we omitted that part from compromise deed and nothing is mentioned about visitation.
will it be possible for me to get custody if she leaves the child with someone else and start living away with her new husband ?
Guest
(Expert) 28 December 2015
Thanks for the info. But, you have not answered my question in real sense, i.e., alimony money apportioned separately for your wife and child out of the total Rs.12 Lakhs.
Also, you have not clarified, if you have not contested the appeal of your wife, whether that appeal is still pending or withdrawn by your wife?
You have also not mentioned, what actually is the opinion of your own lawyer, who contested court cases on your behalf.
It is irrelevant if the money is going to her brother, as you have not stated to whom you have paid, to your wife or her brother and what was the mode of payment, whether by cash through court or to your wife or to her brother or by cheque/ draft in the name of your wife or her brother?
However, for your initial query, it can be informed to you that there is no ban for your divorced wife to remarry, even if she has got permanent alimony. Also, you cn get custody of your child, if your divorced wife remarries and gives child to some one else.
Please note, if you give facts in bits and pieces, you can't get the suitable solution to your problem. Better describe the whole background history of the case in nut shell at one place, as all the events are interlinked to each other and have legal implications accordingly.
Dr J C Vashista
(Expert) 30 December 2015
Dear author,
1. You are anonymous (adpoted name stating "DV victimmmm") even then the experts have advised you adequatly, which should be avoided as per rules on this platform.
2. Why do you not answer to question raised by expert Mr. PS Dhingra ji in respect to separate alimony for your ex-wife and the minor girl? You did not disclose the opinion and advise of your lawyer with respect to your query???
3. The compromised lump-sum alimony chapter is closed from your side, however, it could have been reviewed/questioned if the same would have been monthly/regular till she (your wife remarried).
4. The money taken by your ex-wife is (now) her property over which you cannot question, what she is doing, where she is spending, whom she has given etc,cannot be agitated. similarly you have lost/abondoned your right of custody of the minor, however, you may discuss (out of court) with your ex-wife, if she agree to your proposal of custody of your daughter, she may allow but you cannot claim as a matter of right at this stage.
5. After passing of a decree of divorce by the Court, she has no relation with you, i.e., free to get remarried.
6. Consult your lawyer for further clarification, opinion, guidance and advise. If you are dissatisfied with his advise/opinion consult and engage another local prudent lawyer.
K.S.Srinivas
(Expert) 31 December 2015
I go with the Expert Dr.J.C.Vashista.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
DV victimmmm
(Querist) 02 January 2016
Thanks a lot experts for your valuable advises. Here are some details about the case and alimony.
Alimony money is not apportioned separately.My ex wife did not agree to that.so the compromise deed says that the money is permanent alimony for past,present and future maintenance of the wife and child.
The appeal was not contested.The compromise has been reached in High Court and the appeal is not contested.The appeal did not have any merit but i had to end the court fight of so many years so I chose to pay money and settle the matter.My lawyer had left the decision with me to contest or settle it.As I have stated earlier, the divorce was granted by Family court.The DV case was also dismissed.
Respected Dr Vashista Sir, I had been advised by experts on this site earlier too irrespective of my hidden identity. I don't think that this platform forces us to reveal our true identity
A. A. JOSE
(Expert) 03 January 2016
Dear anonymous,
Be grateful that experts have deviated from their avowed stand of "no legal advise to the anonymous query" which is the normal unwritten principle adopted by most of experts of this Club.
Regarding your query, I go with the opinions given learned experts S/shri.Dhingra and Vashista. Moreover, when you have preferred to go for permanent alimony instead of contesting the appeal, why do you worry as to whether your ex-wife remarries or not ? Simply because she got divorce and permanent alimony from you, no law compels her to remain unmarried for ever . Of course, if you have reasonable grounds, you may move the court for custody of your child and it is a different question.
Sudhir Kumar, Advocate
(Expert) 04 January 2016
refer http://www.lawyersclubindia.com/forum/Remarriage-after-getiing-divorce-118964.asp#.Vom58U-njYA
did you want to marry immediately after divorce?
here you are asking how to stop your ex-wife from re-marrige.
DV victimmmm
(Querist) 06 January 2016
Dear A.A. Jose Sir, the queries are mostly asked anonymously here.I don't understand why it is bothering some people so much.And this forum does allow me to ask queries anonymously.It's up to the individual to answer it or not.
