Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Srinivasan (IT)     05 January 2014

Alimony

Hi,

I got divorce on cruelty ground on  Dec -2009 and paid one time alimony of Rs 10 Lakhs. But now I came to know that my ex-wife is married again. Is possibe to file a case to return the alimony by deducting after 4 yearsv after our divorce.

Pls advice 



Learning

 6 Replies

Sanjeev (Lawyer)     05 January 2014

Permanent one time alimony paid on divorce cannot be recovered. In case you would be paying monthly maintenance than it could have been stopped after her re- marriage. There isnt a clause in divorce that any one cannot remarry so there is never any return of alimony on re-marriage.Forget it and move on.

laxmi kant joshi (instructor)     05 January 2014

after legally divorced you both are free to remarry , you cannot claim your paid permanant one time alimony from her which was given in lieu to get the divorce .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 January 2014

Dear Querist

you can not file any case for recovery the alimony.

Rajesh Anand (Trainee)     06 January 2014

I agree. If alimony was paid as full & final settlement during your divorce, she can certainly remarry.

My query: Will the court take this alimony into consideration when she opts for divorce next time? Would the next alimony be lesser than the one paid by our friend Venkiteswaren? if so by what percentage (approximately)?

 

sandykrish (Interested in Family LAW)     07 January 2014

I second the thoughts of cooldude here. We are seeing institution of marriage as a real estate business. To ensure the next bakra falls into the trap the system of marriage should work on character authentication since marriage is one time it has to go through rigorous background check, this is most common neutral option available for both the families. For defaulters divorcing many would not hurt them . Mine is a classical example my wife is sort of b*tch who tends to marry one for a year and get in to settlement spree b4 she finds other. As far as I know I was the second bakra, I saw my successor in the court hall hopefully he is the next in the cards. To avoid this we at SIF have many initiatives of creating the Databases of such b*tches which can be verified b4 marriage. Precaution is always better than the cure.

ashoksrivastava (scientist)     09 January 2014

Originally posted by : CoolDude498

I agree. If alimony was paid as full & final settlement during your divorce, she can certainly remarry.

My query: Will the court take this alimony into consideration when she opts for divorce next time? Would the next alimony be lesser than the one paid by our friend Venkiteswaren? if so by what percentage (approximately)?

 

 Yes for second divorce alimony granted will be less provided she doesn't spend  the amount obtained in first divorce and second husband brings this fact to the notice of court.

I personally believe one should opt for monthly alimony if wife is  of easily marriageable age

regards ASHOK


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