25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Question (Individual)     11 May 2010

Can a spouse get remarried if divorce by India is not grant?

I am an NRI and divorced my wife from US court. My ex-wife who also an NRI is fighting me in Indian court for everything except divorce. Now I hear she is getting married? Is that possible



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2010

Your question is typical, you said you have divorced your wife but your wife is still fighting for except divorce. If your ex wife is getting married then she will loose her rights to claim anything from you.
1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 May 2010

Mr.Rajeev is right. After losing the legal status as your wife, she cannot get anything from you provided she is well off. prove that she is well off and re-married and win the case

1 Like

Shalini Kaul (Independent Legal Practitioner)     11 May 2010

Once you are legally divorced and neither of you has challenged that divorce decree then nothing stops her from remarrying. Remarriage however affects her chances of seeking maintenance from you. But remember it does not affect her right to seek custody of the children of the marriage or to pursue a claim for jointly owned property, alimony etc.

Shalini Kaul

1 Like

N.K.Assumi (Advocate)     11 May 2010

I appreciate the views of Shalini Kaul.

Question (Individual)     11 May 2010

Thank you everyone. Perhaps I can rephrase this question for a little more clarity

1) How can she marry without divorcing me in India as she is in the Middle east? Can she use the divorce certificate I sent her from US?

2) She has filed harassment case, abuse and a bunch of other lies in the Indian courts. What to do for all these pending issues?

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 May 2010

Shalini is right. the right of seeking custody of children, if any, can be with her

Rajesh.T.,9912266678 (ADVOCATE/CONSULTANT)     12 May 2010

TRY TO EXPOSE THE DATE OF DIVORCE AND THE DATE OF THE CASES FILED IN THE INDIAN COURTS .IF THE CASES ARE FILED AFTER THE DATE  OF DIVORCE SHE CANNOT SUCCEED IN HER CASES .

COMING TO REMARRIAGE ,SHE CAN MARRY AFTER DIVORCE.

COMING TO CLAIMS ,IF THERE IS ANY PROPERTY IN NAME OF YOUR WIFE,SHE CAN CLAIM ONLY THAT PROPERTY EVEN AFTER DIVORCE.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 May 2010

i DO AGREE WITH THE VIEWS OF MADAM SHALINI. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query