• Proof of Remarriage

Divorced wife after filing application under section 127(1) for enhancement of maintenance obtained order in her favors, is believed to have re-married, she has confessed to a friend that she has remarried to another man recently. (after order of 127(1) ) I assume that divorced wife has forfeited her right on maintenance for the subsequent period after her remarriage. She & her lawyers(may be not aware of remarriage) are not ready to disclose the same to the court.
I am continuing to honor the earlier order and paying maintenance is spite of several financial difficulties because of Covid-19 job loss.
My question is how to ask the court to verify the fact.
Asked 2 years ago in Criminal Law
Religion: Hindu

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8 Answers

You can file the sane before the court and ask the court to conduct and inquiry in the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Court has no means to verify the fact of second marriage after divorce. If she has remarried it is for you to submit proof of remarriage to the Court and get the maintenance order dismissed. Submit a petition with whatever proof you have of her marriage and seek cancellation of maintenance. You can examine any witnesses you have to her marriage. Request Court of seek affidavit of her with regard to second marriage, you can cross examine her on her affidavit and establish her marriage.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If you don't have money then don't pay. It's as simple as that. Inform the court that due to the job loss you cannot pay the amount previously ordered. If the court refuses then file a revision against it.

Find out through someone whether she has actually married or not. Hire a detective.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Engage detective agency and gather evidence of her remarriage 

 

ex wife is not entitled to any maintenance after her remarriage 

 

make application for modification of maintenance order 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The court will not verify the facts on its own.

You have to file a petition before court along with documentary evidences to prove that has remarried, the court will hear her objections to this petition and would decide on merits and substantial documentary evidences.

The court will  not entertain hearsay evidence or witness.

 

T Kalaiselvan
Advocate, Vellore
84716 Answers
2172 Consultations

5.0 on 5.0

1. Divorced wife will be entitled to maintenance only till she gets remarried.

2.  In the instant case, get the help of a private detective agency to investigate as to whether she has remarried or not and to collect sufficient verifiable evidence if she has remarried.

3.  On obtaining sufficient evidence from the private detective agency as to her remarriage ( if so ), submit the same evidence to the competent Court for its decision.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Dear Clients,
      You may prove the second marriage on the basis of proof of marriage as registration certificate, marriage certificate from mandir etc. and statement of pandits etc. You may file a police complaint of adultery and the same may be investigated

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- As per law , if a wife do second marriage without getting divorce from first husband then she cannot claim maintenance from her first husband and the second marriage will considered as invalid .

- If you having proof for her re-marriage then you can produce the same before the court for dismissing the order of maintenance .

- Until you will produce the evidence , the court will not proceed for verify her. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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