Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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maintenance from fist husband

Querist : Anonymous (Querist) 02 June 2010 This query is : Resolved 
hello sir,
we have diviced mutually on agreement paper. but we dont have wife married secound time after mutual divorce by if she come back from second husband she is able to claim for property or maintenance?
Aniruddha.P.Pawse (Expert) 02 June 2010
your divorce is not valid according to the provisions of law.
Raj Kumar Makkad (Expert) 02 June 2010
Yes. As the divorce is not legal so if she desires, she can claim not only for maintenance but can also claim all rights as available to a legally wedded wife but she has no right in the property during the life time of her first husband. If her second marries is proved then it can become a good ground for divorce.
Arun Kumar Bhagat (Expert) 03 June 2010
Legally your wife was not divorced by you and inspite of that she lived with another man as his wife,so she was an abettor to the offence of adultery. As per section 125(4) a wife leading an adulterous life or living separately by mutual consent is not entitled for maintenance or any allowance. I differ from expert Raj Kumar Makkad, Advocate.
From Arun Kumar Bhagat, Criminal Advocate of Calcutta High Court.
adv. rajeev ( rajoo ) (Expert) 03 June 2010
Except civil courts even god cannot divorce you. Your paper divorce is not legal one. If your wife comes back and claims property then burden will be on you that she got married after the mutual divorce. Dont wait for the time file a divorce case and get the order.
G. ARAVINTHAN (Expert) 03 June 2010
Even now, she can file a maintenance application against you for maintenance and you need to maintain her. Better go before Family Court for Mutual Consent
Uma parameswaran (Expert) 04 June 2010
Yes.she has the right to claim maintenance.

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