Legal Question in Family Law in India

I am planning to marry and just when my would be and I have finalised everything, his ex-wife has come into the picture after 27 years (He has his divorce papers of 1992) and claiming restoration of conjugal rights. She is very well placed and has assets and properties worth enough to take care of her for the rest of her life, yet she is now claiming alimony. The divorce was based on no alimony payment, as she also did not claim anything at that time and she was earning. The divorce papers says that no alimony was paid. Further when the divorce papers were filed in 1990, she has also got a will signed by my would be's LATE father getting him to bequeath all his property in her name in return for leaving his son alone. My would be is not aware of this will, but its a regitered will and clear. What can she claim at this stage and will it be any problem if i get married to him?


Asked on 8/18/09, 10:13 am

3 Answers from Attorneys
KAMAL GROVER

There will be no problem but i think your fiance is planning to get remarry with that girl. But in your marriage there will not be any problem. but only the property which your father in law bequeath to that girl. Plz explain when your father in law expired and when the will was registered etc. you need a proper consultation.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

Read more
Answered on 8/18/09, 11:46 am
Nandita Haldipur Haldipur Associates

there is no problem in your getting married to this person. but in respect of teh property if it is your fatherin laws self acquired property he has a right to will it away

Read more
Answered on 8/19/09, 12:32 am
Prabhat Shroff Shroff & Company

the ex-husband cannot claim restitution of conjungal rights after so many years. As such, there should be no problem in your marrying the girl.

As regards the property bequeathed to he, if there is a will, she can apply for probatee of the will and obtain necessary court order.

Read more
Answered on 8/19/09, 1:19 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India