Arvind K N (Lead Operations) 17 August 2013

Second marriage after divorce

Dear Sir/Madam,

My name is Arvind and I am legally divorced. I have a female child of 5 years old. Divorce petition was initiated by my wife and I did not attend the court proceedings and it became an exparte decision favouring my wife and am legally divorced. Later, I have returned all her belongings and taken her signature on paper confirming that she does not have any claim against me.

In the judgement it was given that marriage is dissolved and everything is completed with 'no cost'. There is no mention of any maintenance or compensation.

Now, my family members are insisting me to get married again as my previous marriage has been dissolved legally. I tried for second marriage and am looking for a divorcee or a widow only. My question is if I get married to a widow or divorcee who is having a child will there be any problem legally. Can I be considered father of that child legally. My child is living with her mother and would there be any legal complications from her. what would be the property rights on both the children(my own daughter and the child of girl whom I get married).

Please advise if its advisable to get married to a widow or a divorcee who has a child.

Thanks and regards

Arvind K N

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4 Replies

gd dy (gd dy) 17 August 2013

nice intelligent query.
it totally depend on the nature of holding of property, terms of divorce decree etc.
unless one knw abt full facts, it is difficult.

adv.raghavan (Advocate,9444674980) 17 August 2013

since u have got divorce, dont confine yourself that u should marry only divorcee or widow with children, there may be lot of people who are wanting for good persons like u. your daughter has all the rights to file for maintanence from you, and u r suppose to provide for that and father and mother are suppose to share the expenses equally. yes ur daughter will have all the rightrs in your property. terms of divorce will be binding only for your wife, and not on the daughter, IF THE ORDER SAYS SO.