My age is 40 and I have a 10 year old son, my monthly income is 15000/- and have some loans for home and bike etc., I remarriage to my second wife in 6 moths back, my second wife is already availed alimony of Rs. 250000/- from her ex husband, now my second wife misbehave to me, my mother and my son, and she no more interested to continue this marriage and wants alimony from me. as she is 28 year old. before second marriage she worked at shop for Rs.5000/-, is she entitled for alimony or maintenance. please advice.
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1) your seconf wife si entitled to maintenance as she is your legally wedded wife
2) since your wife has been working in past court would consider said fact while determining maintenance
3) court also considers fact that you have dependent parent in determining maintenance
1. Employment before marriage is of no consideration.
2.So if you could not prove her present employment you can not avoid maintenance.
3.The amount of maintenance varies from 1/3-1/5th of your income.
1. She is entitled to maintenance since she is not employed.
2. You shall have to submit before the Court that she has already availed alimony from her earlier husband and has adequate FDs to earn interest for her maintenance.
Sir, I have come to know with evidence she did not finish case with her previous husband yet, on this point, should I file any case / complaint ?
1)kindly clarify what you mean by saying that wife has not finished case with her previous husband
2) you mean to say no divorce decree has been passed?
3) if so your second marriage is null and void
1. You should now file a petition for annulment of your marriage which was illegally solemnised by her suppressing the fact that she was already a married lady during her said 2nd marriage.
2. You shall have to file the said annulment petition within one year of coming to know that she was not divorced at the time of her marriage with you.