Maintenance to child
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Dear all,
I had done marriage agreement with one women (x age at the time 22 & myself 24- Same community ) on April 2003, also Registered . After agreement we lived separately. In the year of 2004 (07-09-2004) the lady Registered marriage done by another man (Hind Marriage –Register Documents available Bothe- Both are different community) . In the year 2005 the lady came to me and their reactive forced to me marry to that lady, I am also married to her (compel by relative mid-night) . I am also accepted , afterward I am demised from my job. I stay the lady from 12.08.2005 to 10-10.2005. At the time I have no job so that lady and her parents not provide any accommodation. so leave the that please. In the year 2009 I had marry with one lady. Now old lady have one female.
She also file suit for demand Rs.5000 , her self and Rs-3000/- child.
1. I am ready to give maintenance to child Monthly Rs-300*/- up to 18 years (now 4 years old).*Because Tamilnadu Govt Provide so many welfare scheme - Free Education up to Degree /Free Books/ uniform/ Meal/ Scholarship (Backward)
2. The lady also having income from salary (6000 Pm, Own house – land , Residential Plat etc).
Please your openion the above.
1. Also pls inform my second marriage is valid.
2. Can I demand any fine from that lady. (without Divorcé to marry me)
ajay sethi
(Expert) 21 December 2011
1)you were married in 2003 . your wife married another man in 2004
2)in 2005 you rekindle your relation ship with your wife when she leaves her second husband .
3)in year 2009 you marry again although your first wife is subsisting ..
4)are these true facts ? you have been treating marriage as a joke
5)now you state that your wife is demanding maintenace .
6)if your wife is earnig more than you , no maintenace is payable to your wife .
however you will have to pay child maintenance . second marriage is not valid as you have married during subsistence of your first marriage
Deepak Nair
(Expert) 21 December 2011
Was your first marriage a valid marraige? was it registered as per the law?
you have stated that there was a marriage agreement. I don't know whether such an agreement exist or not.
If it was really an agreement then what was the agreement period? i.e. for how many years?
Was your firset wive's second marriage registered?
Any ways, you have to prove lot many things to the court if you does not wish to pay maintenance to your first wife. If your marriage with your first wife was valid and she is not earning sufficient income, you will be liable to pay maintenance.
The advise from Mr. Ajay clarifies some issues.
Better to consult a lawyer as your case seems too complicated
Deepak Nair
(Expert) 21 December 2011
Further,
1. Your second marriage is invalid if you had not obtained divorce from your first wife.
&
2. You cannot claim any fine/penalty/compensation for marrying without another without obtaining divorce from the existing spouse.
Querist :
Anonymous
(Querist) 21 December 2011
In the year 2003 only for marriage agreement only (Not marriage). that women certificate is avilable
Querist :
Anonymous
(Querist) 21 December 2011
In the year 2003 only Marriage agreement. no time limit
Devajyoti Barman
(Expert) 21 December 2011
What agreement of marriage and that too a registered one are you talking about?
Give details of the same as it is something which is really unheard of.
Raj Kumar Makkad
(Expert) 21 December 2011
It shall be better for you to deny having any marriage with the aforesaid lady if you doubt that child is not your doing as she was married two times with other persons. It may be doing of those two persons apart from you.
If you are confident only then deny having any relation and let her prove the relationship. You should take shelter of all grounds available. You should insist only on your registered agreement but should deny marriage though may say that she had lived for some days with you under live in relationship after subsisting of her marriage.
Deepak Nair
(Expert) 21 December 2011
I too endorse the views of Mr.Makkad. The best way out for you is to deny the marriage completely and also any relation to her child. (to state that it is not yours).
prabhakar singh
(Expert) 22 December 2011
No proper advice can be given unless you attach the agreement.you people always play and succeed because we start speculating this and that!
Deepak Nair
(Expert) 23 December 2011
Rightly said by Prabhakar Sir
V R SHROFF
(Expert) 23 December 2011
I agree with Shri Prabhakarji.
I doubt, whatever he wrote is real or imaginary??
Shonee Kapoor
(Expert) 23 December 2011
I concur, no advise is possible unless the marriage agreement is attached.
In any case, you have to maintain your illegtimate child as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
