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Kumar S N (Student)     26 October 2013

Revertion of maintanance

Will the property i.e., land given by the husband to wife at the time of their divorce revert back to ex-husband of such divorced, if that lady remarries again any other man??



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 7 Replies

gautam (not disclosed)     26 October 2013

I believe the land was given as alimony to the divorced wife.  If the wife gets married, then the alimony cannot be claimed back.

Samir N (General Queries) (Business)     27 October 2013

Prima facie, I agree with @Gautam but a very interesting question. From the husband's perspective, this is the con among the pros-and-cons of a one-time alimony settlement. However, it would be an interesting case to take all the way to the Supreme Court because this is not embedded in the statute. A good intelligent lawyer can argue fraud (misrepresentation at the time of the settlement that she was not going to get married again) or some such arguments to get the land back or at least get compensation, equivalent to some percentage of the market value of the land. 


I am not a lawyer otherwise I would have taken this case for free just for the academic twist.

gautam (not disclosed)     27 October 2013

i am curious to know if there exists even a single judgement where court can reverse the alimony on account of second marriage of the spouse.

Samir N (General Queries) (Business)     27 October 2013

I doubt that there is any judgment but notwithstanding my general take on the subject, the language used in the one-time settlement will be the deciding factor. I am almost behaving like a typical Indian advocate on this forum... giving opinion without knowing all the facts. If the settlement agreement has language expressly providing for re-marriage and other language that a good advocate would provide then it would be virtually impossible to reverse it. However, if the settlement is broadly worded then there will be loopholes that can be explored.


I suspect that if the settlement agreement was drafted by a regular trial-court advocate, then most likely it is weak. I have seen settlement agreements drafted by Family Court advocates and I could not help but suspect that they have not even passed 10th standard, let alone LLB or were bribed by the opposite party.

ashoksrivastava (scientist)     27 October 2013

Originally posted by : gautam


i am curious to know if there exists even a single judgement where court can reverse the alimony on account of second marriage of the spouse.

@ gautam any onetime settlement granted as permanent alimony under sec25 hma cannot be claimed back on account of remarriage of spouse granted alimony ,as this is a liabilility which immediately accrues from the decree.However any future liability

(like permanent alimony granted in form of monthly payment) can be stopped on petition of any of the spouse after remarriage.

 regards ASHOK 

Laxmi Kant Joshi (Advocate )     27 October 2013

no It can not be claimed back, because It was only given in lieu of getting divorce as It was made in the settlement .

(Guest)

If any property or any valuables given to wife from both end i.e either husband side or wife side or you may say even by husband in a willful condition then those things can't be asked by her as they are termed as her stridhan.

 

If any settlement or any contracts or documents were signed prior for any consideration and such thing not happened then it could be dragged in court and be prayed for relief in a legal sense.


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