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Living in the same house after divorce


21-Mar-2023 (In Divorce Law)
My parents got married in 1990 and my father went to abroad in 2003. In 2005 with mutual consent they got divorced because my father had to marry someone there to get PR of that country. Although my parents were divorced, they are living together as husband and wife. But now my father wants to marry someone else. Can he do that? How should my mother claim alimony.
Answers (1)

Answer #1
99 votes

Yes, your father can remarry because he is legally divorced to your mother. Lot of couples decides to live together in the same house after getting divorce for various reasons. Your parents also did the same and now that your father wants to remarry, he can do so legally irrespective of the fact that he lived with your mother (his wife) even after divorce.

Alimony and maintenance can be claimed by the wife even after the divorce is finalized. In your parent’s case, the grant of maintenance to your mother depends on what is stated in Mutual divorce petition. If she had ceased the maintenance in that petition, she can't claim the same now.

However, if no such relinquishment clause was there, your mother can file a suit for maintenance in the court with the help of a lawyer. And upon showing appropriate evidences, the court may grant her maintenance from the ex- husband. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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