srinivas (Software engineer) 03 September 2013

Remarraige of women after divorce: 1st marraige conditions

Hi All,

If a Women gets divorced with her 1st marriage and as a result she gets some benifits from her husband for the rest of life( like monthly compensation for her living ).

(1) Now if she had a sencond marriage, can she entertain the benifits after divorce from 1st marraige

(2) Can the 1st husband had the right to stop giving benifits to his 1st wife if he marries another women and if his 1st wife marries also goes for a second marraige

Please kindly answer my question.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 03 September 2013

Originally posted by : srinivas
	XXX (1) Now if she had a sencond marriage, can she entertain the benifits after divorce from 1st marraige Take: Yes until first husband does not object and approach Court to cancel the same under ‘change of circumstances’. This is what happened in a case before Karnataka HC and the then Bench observed "what is your problem if first husband is giving OR is not objecting!". The News was put in here under Family law Forum, suggested to dig in past replies and read it yourself. (2) Can the 1st husband had the right to stop giving benifits to his 1st wife if he marries another women and if his 1st wife marries also goes for a second marraige Take: For first alleged fact he should approach Court to vary - rescind alimony payment to ex-wife stating 'change in circumstances' and in second facts read reply to your para 1 question.

Remedy is to approach first husband and assist him in canceling his alimony payments to this lady provided the lady’s second marriage has also taken place with proof of her second marriage and/or is on verge of getting parallel maintenance due to her second divorce as the then case may come out to be.

(Guest)

Dear srinivas,

If wife doesn't want to be get entangled in legal cases then she must stop asking maintenance if she is married,otherwise if husband come to know that she is married and he still paying the botherations then he will certainly sue her in forgery.

In HMA 1955,There is no such sections written where a wife or husband can claim maintenance or alimony if he/she is remarried to other person.In your case a wife if remarried to other person then the liabilities of her ex husband stops there itself,now the new Bakra will follow her and take all botherations of her liabilities.

Kahani The end ho gayi mere Bhai........If she married to other Murga or Bakra to make him Halal.):))