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Clarifications on maintenance claim by wife after divorce
03-Dec-2023 (In Divorce Law)
My father married in 1990 separated from his wife X in 1993 and filed for MCD,he was granted the divorce decree in 2003. The custody of his son from his first wife X was handed over to his mother, However during this period he remarried my mom Y in 1994 . No allegations were made by x on basis of bigamy but in the settlement she asked for a house and maintenance of son upto age 18 ,she waived her claim for maintenance in future too. But my father still support her financially per month by giving cash to his son,is it legal to do so even if she waived her maintenance,is X black mailing him for the money? And is my mom's Y marriage null and void? Religion-Hindu
If your father already taken divorce by mutual consent with the court order and afterwards if your father marry with your mother then your mother and your father is wedding is not a null and void. She is a legal wedded wife
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Adv. Anis Momin
Pune | 200+ Answers
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Without perusal of the documents, solely based on the information provided, I gather there are two substantial queries:
1. Whether marriage with Y is valid?
Since X was aware of the marriage during pendency of her petition and has not objected to it till date, it is valid and henceforth any objection by X would not be entertained by the court.
2. Whether the son from X should be continued to be maintained?
For this perusal of the terms of settlement is very essential. If the terms of settlement were a one time lump sum demand and if those are fulfilled, there is no need to maintain him. But if it was a continuing demand till he reached the age of 18,then he needs to be maintained till that age. After he completes 18,no need to maintain him. If any demands In both cases the son from X has a right to claim a share in the property of the father regardless of the status of maintenance.
1. Whether marriage with Y is valid?
Since X was aware of the marriage during pendency of her petition and has not objected to it till date, it is valid and henceforth any objection by X would not be entertained by the court.
2. Whether the son from X should be continued to be maintained?
For this perusal of the terms of settlement is very essential. If the terms of settlement were a one time lump sum demand and if those are fulfilled, there is no need to maintain him. But if it was a continuing demand till he reached the age of 18,then he needs to be maintained till that age. After he completes 18,no need to maintain him. If any demands In both cases the son from X has a right to claim a share in the property of the father regardless of the status of maintenance.
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Adv. Akshay Kulkarni
Aurangabad, Maharashtra | 100+ Answers
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No NULL AND VOID of Y's Marriage,
And If your father paying X's Son Monthly expenses, it might his own wish to maintain his Biological Son, And No one can prohibit him from doing so.
If it is matter of Black-mailing your father should be assured that, If X's Son is Major (18+) he is not liable to pay either X or Her son.
For Any Legal Query, Law Support at Mumbai, Pune, Aurangabad And Jalgaon Contact Us At.
Adv.Gurchal And Associates Law Services,
Bhosari, Pune.
And If your father paying X's Son Monthly expenses, it might his own wish to maintain his Biological Son, And No one can prohibit him from doing so.
If it is matter of Black-mailing your father should be assured that, If X's Son is Major (18+) he is not liable to pay either X or Her son.
For Any Legal Query, Law Support at Mumbai, Pune, Aurangabad And Jalgaon Contact Us At.
Adv.Gurchal And Associates Law Services,
Bhosari, Pune.
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