how to apply for second marriage when both spouses marrying second ti


Wife has threatened with dire consequences, left the matrimonial home along with her cousin who has done the kanyadaan even though her father was alive. We asked this during the wedding but her father refused to do the kanyadaan and instead her cousin performed this. This is a second marriage for both me and her Important pointers: a) No children out of the wedlock., Marriage is just crossed one year No children from previous marriage for both, My previous marriage I had filed RCR and then agreed for Mutual consent divorce after wife refused to come back. Second Wife's previous marriage was told that it was a mutual consent. Wife files RCR and Sec 24 under HM Act 1955. How can I avoid the maintenance claim. Wife highly qualified and has triple degrees in Bio Tech field and also has worked prior to marriage and post marriage as well for a small stint. She has not disclosed this facts in her petition for maintenance. How can I fight my case? I have filed the divorce on grounds of cruelty

Answers (2)


86 votes

Have you engaged a lawyer after you recieved the notice for maintenance from your wife ? If you have done it already, your lawyer will be in a better position to tell you as he is having the petition with him. What I mean to tell is without going through the petition, it is not wise to give suggestions as to how to avoid maintenance.


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156 votes

The burden is on you to prove the cruelty done by your wife before the hon'ble court unless it is proved with the supporting evidence court will not consider your allegation. Meanwhile you have to produce documents before court to prove that your wife is working in an good designation and drawing good salary. If she has taken any alimony from her ex-husband that order sheet of court also you can place at court in your case and refuse to give maintenance or alimony . Hence contact your advocate for further legal action.

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