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(Guest)

What if - maintainance?

All,

The Big questions I have are:

1. Court grants interim maintanance to wife. Wife receives xxx amount. In the final judgment court denies maintanance on some xyz reasons. If this is the situation, what will happen to the amount paid as interim maintaince to wife? Should court ask wife to return it? and if it asks to return it and wife does not return it what is the next step available for husband?

 

2. Situation is : Wife gets maintanance monthly Say Rs.abc/-. Husband keeps paying. Wife remarries but unknown about this, Husband keeps paying the alimony. One fine day Husband come to know that wife remarried long back ago and he gets solid proofs for it.

     What will happen in this situation to the alimony paid by husband? Can husband take criminal proceedings against wife? Can wife be imprisoned?

 

Please share your thoughts

 

Thanks in advance.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 July 2013

1.  What the court has observed to deny the maintenance it is to be known.

2.  If she remarried you stop the paying maintenance and file a suit for recovery of maintneance.


(Guest)
Originally posted by : Aravind


All,

The Big questions I have are:

1. Court grants interim maintanance to wife. Wife receives xxx amount. In the final judgment court denies maintanance on some xyz reasons. If this is the situation, what will happen to the amount paid as interim maintaince to wife? Should court ask wife to return it? and if it asks to return it and wife does not return it what is the next step available for husband?

Funny, she ate off money, now you ask, will she give?  Gone is gone.  Ganga mein gaya sab.  Forget what you've already paid to her.
 

2. Situation is : Wife gets maintanance monthly Say Rs.abc/-. Husband keeps paying. Wife remarries but unknown about this, Husband keeps paying the alimony. One fine day Husband come to know that wife remarried long back ago and he gets solid proofs for it.

     What will happen in this situation to the alimony paid by husband? Can husband take criminal proceedings against wife? Can wife be imprisoned?

Burden of proof lies on husband,  All that you have to keep in check, she remarried or not etc and inform to the court and stop paying maintenance.  She will come tell, no I dint get married, then you should show proof, marriage card, bring her neighbors as evidence.  Its not that she is a saint and the whole world loves to help her hide are new marital status, she would have left some trail, catch hold of such a person, and bring em to court, and justify about the same.

 

Please share your thoughts

 

Thanks in advance.


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