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Rajesh Kumar (Advocate)     18 March 2010

Maintenance after remarriage?

I just saw a great piece of news:

A woman Saturday approached a city court demanding maintenance from her first husband three years after their divorce.

Filing a petition before Metropolitan Magistrate Archna Sinha, Kirti said that she is entitled for maintenance from her first husband.

Kirti and Mayank got married Nov 23, 2000 and after seven months of marriage, Kirti left her husband. She gave birth to a child Nov 13, 2001.

Kirti then filed a divorce petition in court in 2006 which was granted on mutual consent. Kirti and Mayank have since then married their respective partners.

But after almost three years of divorce, Kirti is now seeking maintenance for her son and herself.

Mayank, on the other hand, submitted documents of Kirti's second marriage and stated that she was not eligible for any sort of maintenance from her first husband.

Mayank also said that Kirti is now troubling him and calls him up at odd times.

The court, after hearing both the parties, pulled up Kirti for creating unnecessary trouble for Mayank, who is now well settled with his second wife and sent the case to mediation centre and asked them to solve the matter expeditiously.

The court also asked Mayank to pay Rs.2,000 per month each to her and their son till the final outcome of the case.

Kindly comment.


 9 Replies

Arvind Singh Chauhan (advocate)     18 March 2010

If Kirti's second marriage is proved, she can't get maintenance, under 125 Cr.P.C.

S.N.RAJU (PA TO JUDGE)     18 March 2010

Keerthi is not entltled to claim any maintenance from her first husband, as she married another person and lead marital life with him, but she can claim maintenance to her son who was born through her first husband and that the child is only entitled to claim maintenance from the first husband of Keethi.  Keerthi lost her claim of maintenance from her husband when she remarries.

S.N.RAJU (PA TO JUDGE)     18 March 2010

Yes,  I know very well in this subject since I have been working in Family Court, Vijayawada and also I am doing research on Divorce final year in Nagarjuna University

S.N.RAJU (PA TO JUDGE)     18 March 2010

when her first marriage is proved she is not entitled to claim any maintenance from her husbnad.


Sh Raju ji,

1. With highest regards to your standing I will say you are so wrong and suggest you to read some of my earlier questions (end feb / early march period ones) asked under family law relating to "maint. to wife after divorce" You will be shoked to know that a wife (ex) / child is entitled to claim maintenance under change of circumstances even after decree of divorce. I have posted AP HC / ALD HC and PnH Citations in this very forum and asked many of you to advise is it right to pay ex wife maint after decree of divorce (mutual)/ settlement / compromise?
2. In presented briefs it is a trick played by her ld. counsel to put such a way an application that also under family court act (where PJ can make his / her own Rules), making ex wife pet. 1 and son pet. 2 whereas the aim is to get enhancement of maint. for son only ! You get it !
3. Court has granted prime facie Rs 2 K as the brief says till final order which is nothing but a stage to lead parties further evidences. We all know how long that stage going to be :-) Hence her "current purspose" is solved and final Order will if my guess is correct as far as family court act goes then it would zero down to somehwere around Rs. 1 k to Rs. 1.5 K all depends on the age of the son / his current needs / current rise in price index alabit welfare of the child (the son). Let us watch further development in presented brief.

Meanwhile I like to have your opinion on que. I raised in above quoted posts of mine.........

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

everythingh is possible in favour of women where, a zender bias perliament exist.

Anjali (IT)     19 March 2010

when the first marriage was dissolved by the mutual consent , why there was nothing mentioned abt the son and his maintenance ? How the court can accept the mutual consent without caring for the son ? very strange...

Arvind Singh Chauhan (advocate)     19 March 2010

Learned members!

In 125 Cr.P.C even illegitimate children are able to get maintenance up to the age of majority.

if the wife is illegitimate she can't claim according to recent SC's judgment.

This safe guard is provided for innocent children begotten by selfish and irresponsible parents.

If law have saved the illigitimate children then, how legal children can be deprived of maintainance  from parents after divorce. After all they are innocent and should not be suffered for the faults of their parents.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

you are right mr arvind.

ms anjali, the child was under custody of mother. at the time of divorce perhaps she was in hurry and forget about her responsibility. now in different situation she is claiming.

i feel all the marriages are only performed tergeting the money. under this circumstances, why alone dowery is prohibited? it should play in it's own role. or every 'money matter' should be prohibited in marriage. marriage and money so close related now that one may hate to marry under indian law and at india.

i surprisingly found that girls are demanding, doctor ,engineer, officer instead of a good gentleman of low income group or nil income group. even though there exixt a long love history.

before marrying a person of high icome group old lover gifted by a 'rakhi'.

am i wrong?

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