• Alimony after annulment

My first wife passed away in 2014. I was remarried in 2016 to a permanent resident status of Canada woman. she decided to end the marriage in 2017 and being legally qualified, she was judge in district court in Chandigarh before emigrating. she said the quickest way to end it was to that I agree that I was impotent and the marriage was annulled soon within three hearings. in 2018 she filed for permanent alimony. she has no kids her uterus is removed she also has been granted Canadian citizenship in 2016 oct-nov. I have two kids an unmarried daughter and son turning 18 soon.
Asked 4 years ago in Family Law
Religion: Sikh

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18 Answers

Your ex wife can seek maintenance from you

Alimony is at discretion of court

Depends upon your income , wife income , standard of living etc

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Since marriage was solemnised in India your ex wife can seek alimony from you

2) the fact that she is now a Canadian national woukd not deprive her of maintenance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If annulment of marriage is already done than no need to pay alimony. and annulment has happened two years before. You can show annulment order in the court.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi, her Claim at this stage is not maintanable as at the time of annulment no such demand was raised ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) First you take copy of annulment from court which she has submitted.

What Is Annulment of Marriage

In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

So as per above law marriage does not appear so on what base alimony should provide and she is not entitled for it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir Don't agree for any alimony.. as u r having Ur own kids there is No chance to be impotent..

And prove that she is forcing u to agree as u r an impotent.. and she deserted u by her self.. and showing cruelty towards you..

Now she filed for permanent.Alimony.. she wants to take money and want to go Canada..as she got Canadian citizenship.

Just gather all the evidence and submit in the court.. she will not get single penny from u All the best.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

hello

you were married and had 2 children from your 1st marriage. after the death of your wife, you met this lady and married her. you are a Hindu so you married her as per the Hindu rites and rituals. Sikhs come under HMA. now the marriage was performed in India. it can only be annulled in India as per the laws of India, i.e., HMA. she has a right to alimony irrespective of the fact that she has emigrated anywhere.

she told you that you obtain a certificate that you were impotent and you did what you were told to do. now the question is, you have 2 children. how can you be impotent? it means you were impotent either at the time of marriage or after the marriage. anyways, that has been already done, so, now she is demanding alimony. she cannot do so after the annulment. there would have been conditions under which she had proposed annulment of marriage and hence now she cannot demand alimony after the divorce. the divorce decree must contain the relief prayed and the order.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Your ex wife is at liberty to claim alimony from you

You have not mentioned whether she is working or not

Court considers wife income while determining alimony amount

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

When the marriage is annulled then there is no question of alimony or maintenance because there is no marriage at all then there is no maintenance petition maintainable.

You may refuse to pay any maintenance because besides that, she is a qualified person with a handsome salary.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If she is in the habit of trapping men in the name of marriage and then ditching them with flimsy reasons, you may contest her case instead of mutual consent divorce.

Further you may inform court that since the marriage was annulled there is no question of relationship hence she is not entitled to any maintenance

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

the mistake I did was that I did not take an affidavit or some legal papers from her that there is nothing between us any further from that date onward

You dont worry about that aspect, she is not eligible for maintenance on two courts,

1) as the marriage was annulled;

2) since she is employed and drawing handsome salary

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Once the annulment has been sought and no claim was made by her at that stage she is not entitled for any alimony

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since you got an annulment it means that you two were never legally valid and as such she can not make any claim as such. I would advise you to take this defense and proceed with the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since the marriage is annulled and she is qualified and working and there is no dependent you can contest and refuse the alimony to her. Further there was no demand of the alimony at time of annulment so this can be said to purely an application to harass you seek monetary gains this can be pleaded before the court. Further since the Court in India has proper jurisdiction to decide the application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See she is able to maintain herself and further though Indian court have the jurisdiction but her claim is not valid and and the court can decide same further since the first marriage has similar instance same can be quoted. You case on merits and facts that can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See even in absence of such affidavit the women didn't ask any amount at that time took Canadian citizenship is drawing salary pension so in my view the court shall not grant her any permanent alimony.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes,

but you need to defend the case strongly.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hi

If she does not have kids and earning.... Don't give give her single and fight in court for your right ... And say her what ever court decide i well follow ... The allimony has some calculations..

From salary the the expenses ,.medical house rent etc are deducted ... Keep all the bills and apt a good matrimonial and fight for it..

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

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