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Divorce decree received but now wife has filed maintenance case


19-Feb-2023 (In Divorce Law)

My son got married in Dec 14 and got divorce decree in july 15 with mutual consent in USA.IN SEPT 15 girl filed case in women cell and demanding hudge amount as settlement.How far her complaint is valid as she did'nt stay not for a week in her matrimonial home and with her husband too as she had an intimacy with other male friend.Despite that the foreign decree with mutual consent she filed a fabricated false case.What is the course of action with us and how we can come out of this delima.

Answers (3)

Answer #1
661 votes
The response to your quarry would depend upon the question of two answer. Firstly whether the ful and final settlement in mutual consent agreement the basis of divorce by mutual consent resulting in divorce decree in USA. Secondly whether that lady is earning/ have resources to maintain harself. Meanwhile you are required to defend maintainance case by filing all previous documents and proof of extra marrital relation of the lady wirh other person. Detailed advise can be given only after perusal of records.
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Advocate Rohini Kumar

Adv. Rohini Kumar

LawRato Delhi | 5+ Answers
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Answer #2
799 votes
As you are saying that there is already a decree of divorce by mutual consent ordered by USA court... the same is binding on parties unless and until the wife files an application in USA court for modification of the decree or recall of the said order of Dec. 2014. Was in the divorce proceedings any amount as regard to the alimony was paid to wife?? filing of complaint case in sept 2015 is meaningless. you have to contest the complaint and show that its all only afterthought and to harass you that the complaint has been filed.
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Advocate Ashutosh Dubey

Adv. Ashutosh Dubey

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Answer #3
695 votes
You have to give a written reply to the women cell stating all the facts and circumstances Also you are required to file the said divorce decree which was granted by the courts in USA. However, I may mention that if the woman files any case against you, the same needs to be defended in the court of law.
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Advocate Siddhartha Jain

Adv. Siddhartha Jain

LawRatoDelhi | 5+ Answers
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