I am married for 9 months, his 2nd wife, currently pregnant and we have adopted a baby girl too. My husband divorced his first wife mutually a year back, has a daughter (9 yr) & a son (18) from that marriage. Since the time we got married, his ex-wife started calling him for more money for child maintenance (for school fees/trips, music classes, etc) which my husband ignored saying he already gave everything during divorce itself. But recently she has filed a child maintenance case for her 9 yr old daughter. So I checked the divorce paper again. He gave two flats – 1st flat completely for his wife and 2nd flat he wanted to give for his children's child maintenance, but his wife asked for full ownership on her name so that she can sell it without kid’s permission and utilize the money for kid’s education/medicals/their marriage. For the 2nd flat (60 lacs) - the petition says: **** husband has given his share of the __ flat to his wife to make her sole owner and thereafter she won't claim any further maintenance on behalf of kids or herself and wife is waving off her rights to make any claim further for herself and/or behalf of kids **** However, she is now claiming both the flats were given to her, she’s somehow managing the children for last 1 year & now wants extra child maintenance & threatened my husband that she will turn him a beggar under this child maintenance case. Below are my queries: 1. As per the above mutual divorce section regarding the flat, can she still claim for child maintenance on behalf of kids or by herself by just saying that this second flat was also given for her and not for child maintenance? 2. If his ex wife wins the child maintenance case, how much court will ask him to pay for the girl child from his ex wife? Can court ask him to pay lump-sum amount for child maintenance separately if his ex-wife is not looking for monthly maintenance? 3. Because his children were minor, he agreed to give the flat in ex wife’s name but on divorce paper she agreed that she will not ask further for child maintenance for kids. So how can we defend this case? 4. She herself is rich, got a flat for her, huge savings and MF which make her worth 3 cr. Plus she got a flat from my husband under the divorce settlement. Can he get some relief by showing her financial status and on the basis of the divorce paper? 5. After marriage, we were staying in rented flat & were planning to buy a flat for ourselves but after getting these threats, it seems she wants to take everything from us. So how we can we keep our assets (flat, savings) safe from his ex-wife & his kids so that they cannot take our assets in the name of child maintenance? 6. If my husband buys a flat only in my name & he is added only in bank loan account for paying EMI, can his ex-wife still demand or take away this flat under child maintenance? 7. If my husband keeps keep all investments in my name only, can she take away those investments under child maintenance?
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1) she cannot claim further maintenance as second flat was given for children maintenance
2) it would depend upon husband income , expenses incurred for children etc .he cannot be forced to pay lumpsum amount
3) she has waived off her rights to claim further maintenance and hence was given 2 flats
4) lay emphasis on her financial position
5) take the plea that he has remarried wife is pregnant and needs to maintain wife and children
6) investments in your name cannot be taken away
Dear madam,
1. If at the time of divorce proceedings it was made clear that the flat was both for hers as well as hers child's maintenance, then she cannot claim for child maintenance by just saying that this second flat was also given for her and not for child maintenance
2. Yes, the Court may order the husband to pay lumpsum amount, it need not be monthly/recurring
3. If the first wife has agreed that she will not ask further for child maintenance for kids, and the same has been documented, she cannot ask for more property (that will lead to a breach of contract)
4. If she is rich and can afford, there are chances that the Court will not even ask the husband to pay any amount (if she can clearly afford it, given the fact that the husband has previously paid some case/property to her)
5. Please seek for a permanent injunction from the Court, asking the first wife to not claim for more property
6. No, then she cannot keep claiming every single property your husband buys
7. No, she cannot as those investments are in your name, therefore yours
Thank You
As per the statement of the wife which you have stated she is in no position to ask for any amount let alone negotiate for it.
The court will reject her application abd if it does not file an appeal/revision immediately.
I don't think the court will grant any maintenance to her once she has taken everything from him wrt herself and her children.
She does not have any right to demand maintenance/compensation wrt kids. You should state this in court citing the decree.
Her financial status will definitely matter.
She cannot blackmail you people for life in the name of maintenance.
Once a settlement has been reached and he has given his share of money she cannot demand anything.
I think you have a strong case.
1. If the divorce decree is clear that the second flat was given to the children towards their maintenance and that there may not be any claim in that aspect by her in future, then her present claim may not be maintainable, your husband can challenge her maintenance claim properly based on the divorce decree wherein the relief ws already granted.
2. It depends on the proof of your husband's income and his liabilities towards taking care of his second family and other obligations.
3. You may have to go through the contents of the divorce decree and interpret the same in your favor to defend your interests.
4. She may not be eligible for maintenance for herself.
5. The child maintenance is a case that she threatens to file, it is not a decision yet, hence your fears about the assets or any other issues are unnecessary.
If he is scared of the immovable proeprty that might be grabbed by her in the name maintenance, let him buy the property on your name which cannot be touched by anyone at any circumstance.
6. No.
7. No.
1. No, once the mutual divorce has granted conditionally i.e. after paying the lump sum amount or property , then she cannot claim any other assets or property again,
- Further, if the second flat is given as maintenance to the child , then also she cannot set aside this decree and claim this property for any reasons .
2. If the said property is given as maintenance to the child , then there is not chances to pass any additional order for maintenance .
3. Your husband should produce the decree of divorce and agreement executed before passing the decree of divorce before the court .
- If she agreed in the decree that she will not claim any maintenance or alimony or any amount for the maintenance of children , then she cannot backtrack and it will be contempt of the court as well.
4. No , she cannot ask again , Your husband is not under obligation to fulfill her needs after getting separated , specially mutually.
5. Purchase the property in your name
- Even she cannot claim any property from your husband now legally
6. Read the decree of divorce carefully , if she has undertakes that she will take care of children , then no need of worry , she is bound to comply the said passed decree of divorce.
7. If she has filed the maintenance case on behalf of her child , then contest the same after submitting the said passed decree
- Further, now your husband is alien for her , and his duty is to maintain you and not her .
You can contact me , if further suggestion needed
Dear Madam,
The issue in respect of his first wife and children already closed. Simply to give trouble first wife filing such cases but such cases will be dismissed without giving any relief. If any property purchased by your husband either in his name or in your name or in joint names of you both, the first wife and her children have no claim over the same.
