AI Overview...
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Entitlement to Maintenance Post-Dissolution - A divorced wife is generally entitled to receive maintenance until she remarries, as established by legal provisions and court rulings. Even after the dissolution of marriage, she can claim permanent alimony, subject to certain conditions, and her conduct may influence the quantum of maintenance awarded Prasanta Devi Padhi VS Asish Kumar Padhi - Current Civil Cases, Ritanjali Patra VS Bhabani Shankar Patra - Orissa, 01300047907.
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Remarriage and Alimony - Once a wife remarries, her entitlement to permanent alimony typically ceases. Courts have clarified that maintenance is conditional on the wife not remarrying; remarriage terminates her right to receive alimony Prasanta Devi Padhi VS Asish Kumar Padhi - Current Civil Cases, 01300047907.
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Legal Frameworks and Court Decisions - Under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, courts have held that maintenance can be granted even after divorce, but the right is generally terminated upon remarriage. The courts also consider the conduct of the wife, length of marriage, and her needs when awarding permanent alimony PATEL DHARAMSHI PREMJI VS BAI SAKAR KANJI - Gujarat, Kumari Neelam Devi, wife of Sri Satish Kumar vs Satish Kumar, son of Sri Ram Pravesh Singh - Patna, Aruna Basu Mullick VS Dorothy Mitra - Calcutta.
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Impact of Remarriage - If a wife remarries after divorce, she is typically no longer entitled to permanent alimony. The legal principle emphasizes that maintenance is meant to support her during her dependence period, which ends upon remarriage Prasanta Devi Padhi VS Asish Kumar Padhi - Current Civil Cases, Ritanjali Patra VS Bhabani Shankar Patra - Orissa.
Analysis and Conclusion
A wife who remarries after the dissolution of her first marriage generally loses her right to claim permanent alimony. Maintenance rights are primarily designed to support her until she remarries or her circumstances change significantly. Courts have consistently upheld that remarriage terminates her entitlement to alimony, aligning with legislative intent and judicial precedents.
References: - Prasanta Devi Padhi VS Asish Kumar Padhi - Current Civil Cases - 01300047907 - Ritanjali Patra VS Bhabani Shankar Patra - Orissa - PATEL DHARAMSHI PREMJI VS BAI SAKAR KANJI - Gujarat - Kumari Neelam Devi, wife of Sri Satish Kumar vs Satish Kumar, son of Sri Ram Pravesh Singh - Patna - Aruna Basu Mullick VS Dorothy Mitra - Calcutta
Search Results for "If Wife Remarries after Dissolution of First Marriage is she Entitled for Permanent Alimony"
• India - Current Civil Cases
D. DASH
pushed to destitution and vagrancy when even the law clearly provides that a divorced wife is entitled to maintenance till she remarries ... Court passes an order of dissolution of marriage, it carries legal obligation to see that party/ parties in need are thereby not ... of passing decree for permanent alimony and maintenance, Trial Court could not have ordered payment of permanent alimony under Section ... to maintenance till she....
2020 0 Supreme(Guj) 345 • India - Gujarat
J.B.PARDIWALA, VIRESHKUMAR B.MAYANI
Dissolution of Muslim Marriages Act, 1939 - Hindu Marriage Act, 1955 Family Courts Act, 1984 - Section 19 ... It appears from the materials on record that the defendant started harassing the plaintiff soon after the marriage. ... plaintiff gave birth to a still born child - Appears from materials on record that defendant started harassing plaintiff soon after marriage ... 2.4 Ultimately, the plaintiff instituted the Family Suit No.257 of 2017 for the dissolution of marriage on the gro....
1967 0 Supreme(Guj) 50 • India - Gujarat
P.N.BHAGWATI, A.R.BAKSHI
of permanent alimony the lower appellate Court was entitled to take into consideration the amount of maintenance which would be ... son in determining the amount of permanent alimony to be awarded to the respondent – Court do not think that in fixing the amount ... Hindu Marriage Act 1955 – Section 25 – Permanant Alimony – Appeal raises a short but interesting question ... In England a wife is entitled to permanent....
1981 0 Supreme(Raj) 133 • India - Rajasthan
G.M.LODHA
of marriage—Wife held entitled to maintenance but her conduct relevant in determining the amount which reduced to Rs. 100 p.m. from ... Hindu Marriage Act, s. 25 — Wife deserting husband—Decree for restitution of conjugal right against wife—Wife refusing to join husband—Dissolution ... The present controversy has arisen in respect of the application of Rameshwari under Sec. 25 of the Hindu Marrige Act, 1955 for grant of permanent #H....
2007 0 Supreme(P&H) 1757 • India - Punjab and Haryana
HEMANT GUPTA
is entitled to maintenance until she remarries. ... Rameshwari Rameshchandra Daga to establish that maintenance can be granted even after the dissolution of marriage and that the wife ... Rameshwari Rameshchandra Daga, which established the entitlement of the wife to maintenance even after the dissolution of marriage ... The appellant has sought the stay of the said order, inter-alia, on the ground that with the grant of decree for dissolut....
2017 0 Supreme(Ori) 973 • India - Orissa
I.MAHANTY, K.R.MOHAPATRA
Issues: The issues involved the dissolution of the marriage, non-receipt of notice by the wife, and the request for permanent ... The court also noted that the husband had remarried and had not considered permanent alimony. ... Divorce - Dissolution of Marriage - Hindu Marriage Act, 1955 - Section 13 - Section 19 of the Family Court’s Act Fact of ... As such, the wife would be entitled to #HL_STA....
1980 0 Supreme(Cal) 157 • India - Calcutta
ANIL KUMAR SEN, BHABES CH.CHAKRAVORTI
SPECIAL MARRIAGE ACT - Section 37 - Permanent alimony and maintenance - Lapse on death of husband - Whether order for payment ... Issues: Whether an order for permanent alimony and maintenance passed in terms of section 37 of the Special Marriage Act, ... of maintenance though incorporated in a decree of dissolution of marriage lapses on the death of the husband/judgment debtor or not ... ... A common question as to whether an order for p....
2025 0 Supreme(Pat) 1296 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
S. B. PD. SINGH, P. B. BAJANTHRI, CJ.
of marriage – Judgment and decree passed by Principal Judge, Family Court, allowing dissolution of marriage by decree of divorce ... – Generally, marriages that lasts more than 10 years are entitled to be granted lifetime alimony – Conduct of party seeking relief ... to see that wife lives with dignity and comfort and not in penury – Permanent Alimony of Rs. 20,00,000/- awarded to appellant-wife ... It is pertinent....
2017 0 Supreme(Guj) 973 • India - Gujarat
J.B.PARDIWALA
is entitled to claim maintenance under Section 125 of the Cr.P.C – Order passed by the learned Sessions Judge quashed and set aside ... the woman persuade the Courts to bring such a woman in a dissolved marriage within the sweep of the definition of deemed wife in ... in favour of the woman in distress in a dissolved marriage and the legislative anxiety and the concern to prevent vagrancy against ... Under the civil (personal law) the woman in an annulled marriage is entitled to claim ....
• India - Crimes
J.B.PARDIWALA
The decree of dissolution of the marriage came to be affirmed right upto this Court. ... So is the case with the provision that if the husband and wife are living separately by mutual consent the wife shall not be entitled ... entitled to claim maintenance under Section 125 Cr.P.C. despite fact that a decree of divorce was passed by competent court at the ... Under the civil (personal law) the woman in an annulled marriage is entitled to claim #HL_ST....
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