• Divorce and interim maintenance

Sir, we both are living separate since january 1991. one daughter living with me (now she married) and two sons are living with my wife since january 1991. i filled divorce case in family court but decision was in favour of my wife, then i appealed in high court, but the hc has denied for divorce and imposed a interim relief for rs. 5000 per month..
my questions are:
1. for how may period, i will pay interim relief
2. can i appeal again for decree of divorce, if yes in which court
3. we are living seperate for last 24 years, can i remarried from other women without getting divorce. 

i am retired person and my age is 60 years.

please guide me suitably with reference decisions.

my email id is jagdish7514@gmail.com
mobile no. 9414162922
Asked 3 years ago in Family Law from Jodhpur, Rajasthan
Religion: Hindu
Hi, as the interim relief is ordered by the High Court and you have to pay the interim maintenance till your life time.

2. Hi, as the High Court also upheld the order passed by the family court so you have to file an Special Leave Petition before the Supreme Court.

3. As per law Hindu can not marry a second wife during the subsistence of first marriage. so you can't marry any other women without giving divorce to the first wife.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) you cannot remarry during subsistence of earlier marriage . 

2) if you remarry during subsistence of earlier marriage your wife will file case of bigamy against you 

3) further your marriage  during subsistence of earlier marriage  would be null and void 

4) your petition for divorce has been rejected by family court and order for dismissial uphehld by HC you can appeal to SC if you so desire 

5) you have to pay maintenance of Rs 5000 per month for the rest of your married life
Ajay Sethi
Advocate, Mumbai
46797 Answers
2769 Consultations

5.0 on 5.0

1. The order of maintenance should be till she is remarried if the Appeal is finally disposed of.
2. You can prefer an appeal in supreme court against the order of dismissal of high court.
3. Without getting decree of divorce you can not remarry. If you do so, you may be criminally prosecuted u/s 494 of IPC.
Devajyoti Barman
Advocate, Kolkata
13146 Answers
175 Consultations

5.0 on 5.0

1. Has any separate case for maintenance been filed by your wife? 

2. If there is no proceeding for maintenance pending in the lower court then the order of HC directing you to pay the interim maintenance @ Rs.5,000 p.m is to be carried out for the rest of your life or till she remarries, whichever is earlier.  

3. You can escalate the matter to the Supreme Court in appeal if you are aggrieved by the decision of the HC whereby and whereunder it has dismissed your divorce petition and ordered you to pay interim maintenance to your wife.

4. You cannot remarry unless you obtain divorce. Separation and Divorce are two different concepts.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. You are already a married person,

2. So, you can not marry again during the subsistene of your current marriage,

3. Should you go for another marriage, it will be void at law and if complained, you will be levelled with the charge of bigamy punishable by jail term,

4. Your divorce petition has been rejected and the high court has upheld the said order. You can now approach the Supreme Court,

5. You shall have to pay the maintenance through out your and/or her life.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

1. higher an advocate and file appeal in Supreme court, if you want to persue the divorce as it is the last court now you have your option for appeal.
2. The interim maintenance is till the final maintenance is ordered., check with your advocate that whether she has filed any maintenance petition in the divorce court or any other courts. 
3. maintenance if ordered will have to be paid till your wife remarry or as per the order of the court if any specification given.
4. You are not a divorcee as the high court dismissed your appeal, so after divorce only you can remarry now, so file for divorce appeal supreme court .
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

You cannot marry again until and unless divorce is obtained. Since you both are staying separate for so many years, try to speak wid ur wife for mutual consent divorce. Otherwise file an appeal before the supreme court against the high court order for obtaining divorce.
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

1. for how may period, i will pay interim relief
Opinion: Till her life time or till her remarry or when she is not live in adultery. or till she is unable to maintain herself.

2. can i appeal again for decree of divorce, if yes in which court
Opinion: Yes, before Supreme Court.

3. we are living seperate for last 24 years, can i remarried from other women without getting divorce. 

Opinion: NO, you can not, if you do then your current wife may file a criminal case u/s 494 of IPC against you before Criminal Court.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

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