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