• While asking for maintenance, wife has registered on matrimony websites. How to use this exactly?

Wife has applied for divorce, dowry and domestic violence, which is ongoing. She is also actively looking out for her next marriage via matrimonial websites - which can be proved conclusively. 

Now, i want to use this proof to deny maintenance. and for this i want to know how this proof can be used properly. Not just a strategy outlook, but I want to know the EXACT judgements that can be applied, and even if one lawyer can help me with this i would be very very very very gratefull.
Asked 10 months ago in Family Law
Religion: Hindu

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8 Answers

As on date she is your legally wedded wife and is entitled to maintenance 

 

2) mere fact that she has registered in  matrimonial website does not debar her from claiming maintenance 

 

3) monthly maintenance would cease in case she remarries 

Ajay Sethi
Advocate, Mumbai
94760 Answers
7541 Consultations

5.0 on 5.0

The act of your wife for her next marriage via matrimonial websites is an act of cruelty but the same cannot be ground to deny wife maintenance.  There must be reasons to show that wife has sufficient financial sources of income and that she is able and fully competent to maintain herself. If there is any detail of financial status given by wife in her post on matrimonial website then you can use the same in your support to deny maintenance to wife.   

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly. 

- Hence, you can produce the evidence before the court in her case for not granting her any maintenance on this ground and also against her allegation of cruelty .

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

But there is no illlegality in looking for marriage alliance if divorce is pending. Only she can’t get married before divorce. This cannot be any ground to deny maintenance.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Wife's activities of advertising in social media or matrimonial websites cannot dis-entitle her from claiming maintenance, because so long she is your wife or a divorcee without remarriage, she is eligible for maintenance provided she is not having sufficient income or source of income to sustain her expenses. 

Please note that just because  she has registered in  matrimonial website does not debar her from claiming maintenance, there is no illegality in looking for marriage alliance even if divorce case is pending. 

If she remarries during the pendency of the divorce case then she will be considered to have committed an offence under section 494 IPC for the acts of bigamy

T Kalaiselvan
Advocate, Vellore
84961 Answers
2199 Consultations

5.0 on 5.0

The wife looking for her remarriage by registering her profile in matrimonial websites shall not prejudice her interests in the divorce suit. She can remarry only if the divorce is granted, a fact she is conscious of. 

Swaminathan Neelakantan
Advocate, Coimbatore
2803 Answers
20 Consultations

4.9 on 5.0

In India, divorce, dowry, and domestic violence cases are typically governed by the provisions of the Hindu Marriage Act, 1955, the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005. Here are some general points to consider:

 

Maintenance: Maintenance, also known as alimony, is a legal obligation for one spouse to provide financial support to the other after divorce. The court will consider several factors, such as the income and financial position of both parties, standard of living, earning capacity, and other relevant circumstances. Adultery or finding a new partner may impact the decision on maintenance, but it's crucial to consult with a lawyer to understand the specific provisions in your case.

 

Matrimonial websites: If you have evidence that your wife is actively seeking a new marriage partner through matrimonial websites, it may be relevant to your case. This evidence could potentially be used to argue against her claim for maintenance, as it may indicate that she is capable of supporting herself or that her financial needs are different from what she claims.

 

Case law and precedents: Indian courts rely on precedents and case law to interpret and apply the law. To understand the exact judgments that can be applied in your case, it's essential to consult with a lawyer who can research relevant case law and analyze how it may apply to your specific situation.

 

Remember, it is crucial to consult with a qualified lawyer who can provide you with accurate advice based on your circumstances. They will be able to evaluate your evidence, guide you through the legal process, and represent your interests effectively in court.

 

 

 

Anik Miu
Advocate, Bangalore
8907 Answers
110 Consultations

4.7 on 5.0

Looking through website cannot be a ground. If you can prove 2nd marriage then it will help you

Tathagata Sarkar
Advocate, Kolkata
12 Answers

4.0 on 5.0

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