Legal Question in Criminal Law in India
125of Cr.P.C
A women married secondly and after demise of her first husband, she has a son due to rgeir first wedlock the said woman married secondly and subsequently their separated by mitual consent us 13b of h.M.Act, wheather said lady and her son will be entitled to get maintenance from her divorced husband?
3 Answers from Attorneys
Re: 125of Cr.P.C
wife can get the maintenance but in case of son if he has been adopted by the second husband then he becomes the son of second husband and in that capacity he becomes entitled for maintenance otherwise he can not claim maintenance.
Re: 125of Cr.P.C
Yes, both are entitled for maintenance from divorced husband. However, if there is an one time settlement of alimony under Decree of Divorce, they may not be so entitled.
Re: 125of Cr.P.C
you both can claim maintenance if only you have not given any statement to the full and final settlement regarding maintenance, at the time of divorce.
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