Husband (self) 18 February 2017

Marriage and maintenance

Hi all,

after year of marriage, we got daughter,purchased house-first 1 yr i paid emi,then wife continued paying,wife was cruel earning in lakhs, wife did not took care of the child since her birth. me and daughter stayed seperately, I applied for divorce on the basis of cruelty, wife did not agreed for divorce ,she said my daughter should not be called from third person that child is daughter of divorceed family, she did not asked for maintenance, i married without getting divorce, stayed seperately for almost 10 yrs, wife came to know about this, , second marriage 6 yrs now, daughter was taken care by me, daughter was happy with me, first wife applied for child rights after 10 yrs, she put FIR on me and got custody of child forcefuly but not as per court order. she said she will withdraw the case, Daughter did not agree for goiing but still took away,she asked for daughter only and agreed she wont harm me and secnd wife, nothing else she wanted apart from daughter.she took few sites,houses, i am staying seperately, i was earning but lost job due to first wife cruelty, I am jobless now and leading life badly,

first wife and daughter aged 11 yrs now staying in house we purchased jointly,after 3 monnths of my daughter went there, first wife went to US on job for 4 to 5 months to my knowledge leaving daughter in house taken care by third person, she came back and after few months a baby boy was there,daughter is suffering there, first wife is telling now that baby is taken from orphanage, now first wife, daughter 11 yrs old, baby boy is staying in the house.

Now first wife called me and is demanding for maintenance, I want to give her Money in lakhs then she will give divorce it seems, she want property of my father to be given to daughter.

Please help as how to go aahead with this situation, what should i do, suggestions are welcome

Do i need to give maintenance and property to first wife to get divorce

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5 Replies

(Guest)

Aisa waisa bhi hota he part - 594

Your query is not clear. Please write properly with clear thought and mind.

(Guest)

I like such short simple queries.

Alex1991 20 February 2017

You are in a big mess. https://singlerussianmoms.com

SOLOMON.RAJ (advocate/director) 21 February 2017

Dear first of all without giving divorce you went fora second marrige which is absoluterly illegal in theeys of Law it fal;ls under section 494 of the INDIAN PENAL CODE I.E. BIGAMY. so you are liable to be prsecuted if your wife files a criminal case against you. You need to deal with it foirst and foremost other wise your life could be a mess.

Secondly the wife and the child have right legally to claim maintenance and it is the duty of the husband to maintain the children and wife as per the Hindu Adoptions and Maintenance Act.

As per the recent supreme court judgement there are citations that a wife is entitled to 50 percent of the husband's property.

Please consult a eminent Lawyer who has practise and knowledge in both the family court acts as well as the Criminal procedure code.

IN HIS Service,

SOLOMON RAJ

Adv.DR.Solomon Raj

L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)

BHARAT GAURAV SAMMAN AWARDEE,2014,

VICE CHAIRMAN, UCC ( INDIA),2016-17,

Ex-Member, Mega Lok Adalat , Criminal Courts,Hyderabad.

National Vice president, All India Christian’s Council,

Legal Chairman, All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,

Lok Adalat Member, A.P.( Ex)

Hon'ry Advisor, St.Joseph's School,

Television Speaker & Theologist,

Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh.
Ph:+91-9866545086,

E-mail: rajcarey@yahoo.com

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stanley (Freedom) 21 February 2017

@ Soloman

Wife can claim 50 % share in husbands property has not been made law it has only be passed in the Raja Sabha and not in the lok Sabha . should this come into force than .

1. After Batra and Batra judgment of Hon’ble SC it became difficult for abalas to get residence / property of in-laws leave aside husbands as husbands started shifting to slums as remedy to save their parents and their hard earned properties. So now Legislature gave backdoor entry to same Johnny Walker but this time packaged it into a new bottle.

2. Now after this Amendment give or take 1-2 years majority of prudent husbands will start transferring (gift deed) their hard earned properties for a simple reason many husbands have been now already aware and or have tasted DV Act medicine so precaution is better than actually living their life in a ICU. Do you say that DV doesnot happen in majority of Indian homes ! c'mon if you say no then why DV act came and if you say yes again then read next para

3. Previously the incentive was via dowry to marry of their daughter just to save natal properties shares from your daughter. Then Amendment into Succession Act came but till date it is still difficult for daughter of the house to seek her share because all their dads are doing are creating trusts and or HUF to save jameen (properties). So the question of giving share of natal properties to married daughters still remained struck. Since she does not think appropriate to file cases on her own natal home / relatives out of compassion so who becomes easy target now – HUSBAND / In - Laws so what shall be done to help her – create an Amendment in HMA and read next

4. Who today is ultimate sufferer because of this Amendment – it is a Hindu and followers of HMA i.e. Hindu / Jains / Buddhists and Sikhs. Now what this Amendment has done is alienated Hindu vote bank as Hindus have started thinking why they are facing the Amendment and not Christians and other religions?

5. In a State HC Judgment a divorced wife was getting pm maint from 1st. husband and then she re-married meanwhile the first husband was already meeting pm maint. but then after her second marriage she filed for divorce from second husband and claimed pm. Maint. from second husband. The second husband’s Adv. objected before Lordship that how she can get two maint. i.e. from from two husbands under same Act? Lordship shouted at him and said when first one has no objection then why you have objection – thack maint. order passed:-) Now let us prudently think is such personal / perception of a Lordship verdict not incentive enough if this Amendment is seen as green flag given to wives to drop / pick husbands from marriage market as per quality and market rate of properties that first / second / third brings on table J Now let us look at marriage age pan India – a Hindu girl gets now-a-days married off at 23 yrs. she divorces first one due to all these IrBM syrups available off the counter curtsey due these Amendments and what she gets at divorce is alimony + 50% share of first husband property at say age 26 yrs. She is still young so with 50% share of property from first husband she shows in marriage market again and thanks to already skewed s*x ratio pan India she again gets re-married at say age 27 years. Hypothetically today so many social stress and peer pressures are there so by the time she reaches second marriage age all these social pressures would have doubled so what green pastures she now sees especially on maint. or material security point of view – divorce and take second time 50% share from second husbands property and walk off. We all know every three years property price / value escalates so she has running FD's in her pocket since neither her natal home gave her anything nor she has been empowered enough previously to find a job / income and anyhow society does not emply women is what female writers give long stories here just last week inspite of being qualified :-) My que. to readers now is; will this too soon to happen in India illustration of this girl will she not marry third time at say age 31 yrs. with two 50% property share already in her pockets and have we Hindus by keeping quite all these two years when Amendment was being discussed in Law Commission and Rajya Sabha Committee not made this Hindu girl yours truly empowered? Then shall we call them victims at age 30 - 31 years…c’