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Daffodils ( )     29 May 2020

Maintenance after exparte divorce

Hello Learned Members

My exwife left me with after 6 months marriage life to Kerala to her parents place. It has been 6 years my ex wife left me. We were staying in Meerut. After I tried to reconcile I filed for divorce in Meerut Court and was granted exparte divorce after 8 hearings. Have one kid and I have not seen the face of the kid. Meanwhile after 4 months of exparte divorce I remarried to an other girl and got my marriage registered and got my ration card and passport. 

Question

Is there any chance that my ex may file for a maintanence against me in a Kerala court?

If so can I show the exparte divorce of Meerut court and file an application to dismiss her petition citing jurisdiction reason?

If not please kindly advice me how to handle this situation?

 

THANK YOU VERY MUCH



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2020

you can show exparte divorce order of Meerut

Adv. Varghesekutty K P (Advocate)     29 May 2020

Section 125 Code of Criminal Procedure states about the maintenance of wives and children. If you are a person having sufficient income or in a situation of no income but you are an able-bodied person to do work, then a court having jurisdiction have the power to order maintenance to your ex-wife and your child.
The section clearly states that " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. Again clause(4) added that
' No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent'.
Question: Is there any chance that my ex may file for maintenance against me in a Kerala court? If so, can I show the ex-parte divorce of Meerut court and file an application to dismiss her petition citing jurisdiction reason?
Answer: It is not clear where the marriage was conducted. If it was in Kerala, then Kerala courts can proceed with the petition. If a proceeding is initiated against you by your ex-wife and child for maintenance, then you can produce the ex-parte order and other grounds showing her refusal to cohabitate with you without sufficient reason. The child has the right to claim maintenance until he/she becomes major. The above-mentioned proceedings will not affect the value of your subsequent marriage. 

Daffodils ( )     11 June 2020

Adv Varghesekutty, Thank You very Much sir for your time and effort to give a clear answer. God Bless You!


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