• After divorce, will first wife get benefit

My sister without her consult, lower district court passed divorce decree. Her husband is in Army. She is getting maintenance of 9000/- per month(husband used to deposit in her A/c irregularly). But she dont want divorce as she has two male kids with her. she still wanted to stay with her husband. So she approached High-court and got stay of decree passed by lower court. It is also informed to Her husband Army unit and they make note of it and not changed any Nomination in their records. Army now waiting for Court order from Highcourt.
Mean while her husband soon after lower court decree(after 30days), he re-married to another girl.
recently second wife fought with him and seperated and complained to Army saying he should be punished strongly. My sister dont want her husband should loose his job due to plural marriage act in Army as she is solely depend on his income. and future kids point of view she is not allowing either Divorce should happen.
Now due to second wifes complaint, he may be punished as court marshal and he may loose his job. he may even not get pension benefits. 
Question: if he get discharged from his duty due to this, then do my sister get any benefit for herself and her two kids? Is there any chance fighting in court on this basis? It is not her mistake, It is because of his mistake, now his first wife and two kids in trouble.
How and what way she get benefits for her and her kids?
Asked 9 months ago in Family Law from Belgaum, Karnataka
Religion: Hindu
1) second marriage of husband is illegal 

2) he could not have remarried adter20 days of decree 

3) since HC has stayed divorce decree your marriage is valid and subsisting 

4) even if husband loses job e is bound to maintain you and 2 kids 

5) if husband gets pension as wife she would be entitled to maintenance from his pension 

Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Her ex husband was required to wait for 90 days and not 30 days. Now that he has remarried the legal validity of his marriage is subject to the outcome of the appeal filed by your sister in the HC. However, her ex husband is not liable to disciplinary proceedings by the army as he has not committed any offence by remarrying. There is no question of a court martial. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1) if husband is irregular in paying maintenance take out  execution proceedings before family court which passed orders fir maintenance 

2) legal fees vary 

3) don't file any RCR it is waste of time and money . Even if you obtain orders you cannot force husband to stay with you 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Hi, the act of the husband is illegal, because he can't remarry a another girl during the appeal period i.e 90 days.

2. If he loose the job, 1st wife can't do anything. But it is the duty of the husband to maintain his wife and children so he has to pay the maintenance to the wife and children.

3. If he fail to pay the maintenance then wife has to file a execution petition in the court for recovery of the amount.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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His salary can be attached on the orders of the court. If the maintenance case is still pending in the lower court then it alone can order attachment. She cannot seek RCR if the marriage has been dissolved. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1. If her husband has committed a crime (of multiple marriage), then he should be punished irrespective of whether  she is benefited or not,

2. She shall have to provide maintenance to his family by begging or borrowing as has been opined by the Supreme Court,

3. She may file a petition to the Army authorities not to release his terminal benefits to him and to remot one third of it to your account for your livelihood.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
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1. You can file the petition before the District Court praying for an order for attachment of his salary,

2. before than you can directly send a petition to the army authorities for remitting you 1/3rd of his salary enclosing the Court order directing him to send the maintenance amount.,

3. Filing RCR will be of no us since no Court can force him to stay with his wife if he does not want to.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
Question: if he get discharged from his duty due to this, then do my sister get any benefit for herself and her two kids? Is there any chance fighting in court on this basis? It is not her mistake, It is because of his mistake, now his first wife and two kids in trouble.
How and what way she get benefits for her and her kids?
First thing is that since he married another girl after 30 days of date of divorce of first wife, hence there is no question of court martial for bigamy offences because he has not committed any mistake or offence by marrying the second girl.  If she has made the complaint, he will defend himself accordingly. The question of about high court stay of the lower court decision will have to watched after which it can be decided about the next course of action. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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Since her husband shown irregularity in paying her maintenance,can she file case for salary attachment?
Yes she can very well file a petition for  im[leading garnishee in the case for salary attachment.


if yes, then is it in district court or High court? approximate cost for filing the case?
She should file the same in the same court wherein the order granting maintenance was ordered.
The lawyer fee for the purpose can be told by lawyer only. 


Can she also file "Restitution of Conjugal Rights in Hindu Marriage Act" as she still wanted to stay with him with their kids. 
Once a divorce case has been decided and the divorce granted, she has no reason to RCR case against him, it will be mockery and abuse of law. 




His second wife already left him and also fighting to stay with him without my sister. She dont have any kids so far.
That his her rights and she may fight to establish her own rights. 



T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0

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