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Ganesh Gupta   30 October 2021

Want to know the divorce law from widow?

Hi Team, 

Greetings of the day, I want to know the divorce law to get the divorce from widow. So in detail, I got my second marriage (I had divorce from my first marriage without any child) with a widow who is having two children both are boys ( The elder on is 13 year old and second is 8 year old and also autistic). I am going to complete this second marriage two years. But unfortunately this marriage is not fruitful for both specifically to the lady as she requires all of the luxury ( currently I am giving 60k/month for home expenditures).

I am fed up with this situation now. So I want the divorce from her. So please kindly tell me is there any maintenance required for them as children's are not mine. She was pressuring me to give the 1 CR which I don't have. Kindly please help me.

Ganesh



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 5 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     31 October 2021

You have not disclosed as to which personal Laws you belongs to? Any way most commonly I believe you to be a Hindu by religion and advise you on its basis.

See, after marrying a hindu woman ( Widow) you also adopt her minor children as of your's and under Hindu law the Maxim of "Once adopted ever adopted" prevails. Thus, you now can not deny the status of their being your sons or daughters. Rest the rights of a son or of a daughter are very much clear to all as per hIndu Law which are not to explain further to make a crisp and short answer of your enquiry. 

For any further clarifications you can call me on phone.

 

M V Gupta (Advocate)     31 October 2021

By marrying a divorced woman with two children, all of them have become your family members. The fact that the woman is demanding more money to meet her and family expenses cannot be a ground to divorce her. If she agrees both of you can file for divorce by mutual consent. But take care, you cannot escape your obligation to maintain the children and meet their educational and other expenses until they attain majority and start making their own living.

P. Venu (Advocate)     31 October 2021

The posting suggests no specific cause of action for seeking divorce. 

Shashi Dhara   31 October 2021

You have married that widow or not ,not clear ,if Ur not married then u have live in relationship with her ,not clear ,her first husband's children's are only step children's to you until you adopt them ,so she cannot claim any maintenance on behalf of them ,they are only entitled to their biological  father's asset only ,deny marriage if she approached court.

Dr J C Vashista (Advocate)     01 November 2021

File a petition for mutual consent divorce on justified ground(s), if any, which do not suggest any such ground in the facts posted by you.

What next have you planned after divorce from this (second) marriage ?


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