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 8 years ago in Family Law
Religion: Hindu
Thank you for the reply.
Since her husband shown irregularity in paying her maintenance,can she file case for salary attachment? if yes, then is it in district court or High court? approximate cost for filing the case?
Can she also file "Restitution of Conjugal Rights in Hindu Marriage Act" as she still wanted to stay with him with their kids. His second wife already left him and also fighting to stay with him without my sister. She dont have any kids so far.
Asked 8 years ago