Is husband liable to pay maintenance even after remarriage of wife

960 votes

The divorced wife has no right to claim maintenance after her remarriage. If there are any previous arrears of maintenance which the husband is due she can claim through a regular suit and that too within limitation of 3 years. Under 125 CrPC within one year of its getting due.

Advocate C Hari Prasad LawRato

669 votes

Hi,
But in the recent decision of Chanmuniya vs Virendra Kumar Singh Kushwaha & Anr 2010, the Bombay High Court has given a historic judgment. Justice A B Chaudhari said that even though there is no law that talks about providing maintenance to the wife of the second void marriage, but now the wife can ask for the maintenance and accommodation from her husband under the Protection of Women from Domestic Violence Act.

Advocate Mohammed Abdul Quadeer LawRato

846 votes

Dear Client,
You have not furnished full particulars. When did your friend filed divorce petition. When did he got divorce, whether it is on mutual consent or other grounds. When did his wife marry another person. Whether your friend got valid proof like wedding card, marriage photos or other videos etc., to show that she got married another person. In Hindu religion if any party to the divorce proceedings after remarriage he/she is not entitled to maintenance, provided the other party must prove that marriage was performed and still subsisting. Your friend must prove to the court beyond any reasonable doubt that his divorced wife got remarried and she is not entitle to get maintenance from frist husband i.e., your firend.

Advocate Sistla Rama Krishna LawRato

809 votes

If the women gets married again then the husband need not give maintenance. Here your friend need not pay maintenance to her wife if she gets married. If she remains as a divorcee then your friend has to pay maintenance.

Advocate Dwara Pallavi LawRato