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First wife already got maintenance now can filing case for more money


05-Dec-2023 (In Family Law)
I and my wife living seperatley since 35years.we had two children age 35 n 32years.one son git married.wife filed case in 2004 for maintaince.i ageerd to pay 2500.in 2008 again she filed maintainance i agreed to pay 6000per month.nw i had retired again she filed case on me n my second wife.nw i agreed to pay 18lacs from retirement benefits and montly 6000 maintaince. And my children of frist wife mentally toture me to pay more amount.can i file divorce from my first wife
Answers (3)

Answer #1
681 votes
They are taking advantage of your age and earnings. Go for one time settlement. You can go for mutual divorce . since you retired, you can ask your son to give maintenance to you. It is only way you can avoid harassment from your son.
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Answer #2
788 votes
As the laws of marriage are governed by religious personal law, you ought to have stated your religion. You can certainly file for divorce proceedings, Until such period, you are bound to give maintenance as ordered by the lower court. As you have retired, you can approach High court seeking revision of lower court order on the quantum of maintenance on proper grounds. As far as retirement benefits are concerned, the court will consider the same towards her Alimony and it depends on several factors. If mutually you both have agreed for divorce and 18L, you can file for mutual consent divorce and record the terms of compromise before the court or in Lok adalat. Lastly about torture by children, you have remedy of criminal law and senior citizen act. Based on proper explanation of the said 'torture' appropriate remedy can be availed.
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Answer #3
509 votes
Sir,

You should have divorced your wife much before you got yourself involved in extra marital relationship with another woman. Better late then never. Settle whatever your children are asking for on behalf of your wife and file for divorce from your wife.
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