• Maintenance, divorce, alimony, compensation

husband won the divorce case at trial court on desertion and cruelty ground. But actually he was in live in relationship and was having kids out of this relationship. But filed a false case and removed all the documents from the lower court record. within three months ( including all the holidays and winter vacation)of divorce he got remarried. 
1. Is the marriage valid?
2. First wife is suffering from life threatening disease during the course of this court procedure. She is working even if it is difficult for her to work. She filed an appeal at HC. Can she get alimony, maintenance ? Court ordered compensation on medical ground. 
3. husband denied to give alimony and maintenance to her. He also denied to return her dowry articles. 
Please advice.
Asked 11 years ago in Family Law
Religion: Hindu

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2 Answers

Hello,

1. The marriage is valid since it was solemnized after obtaining the divorce decree.

2. The High Court can still grant alimony in the Appeal. For maintenance, have you taken proceedings u/s 125 CrPC. If you had filed 125 CrPC case, and you could not succeed in that, then file a revision before the High Court to get maintenance.

3. Regarding alimony and maintenance your remedy is filing appropriate proceedings under 125 CrPC, Domestic Violence Act, Hindu Marriage Act. And for return of Dowry articles, you need to file a case under section 498A, 406 IPC. However you need explain the delay in case you haven't filed the above cases till date.

Regards,

Nishant

Nishant Bora
Advocate, Jodhpur
111 Answers
36 Consultations

1. Yes.

2. Yes she can seek alimony in appeal.

3. If the husband has denied maintenance and alimony then the remedy lies in filing a case for maintenance to make the husband liable for the same. As regards return of dowry articles the wife shall have to file a case under 406 IPC and get the process against husband issued from the criminal court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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