Mainteinance

Querist : Anonymous (Querist) 12 September 2011 This query is : Resolved
Kindly guide me on following matter:-

Husband after divorce have been paying maintenance to his wife, next month husband going to became retired. Will the husband after retirement also bound to maintain his wife from his pension??

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ajay sethi (Expert) 12 September 2011
yes he is bound to maintain his wife from pension .
however if maintenance amount is more he can make an application to the court for modification of order pointing out that he has retired and is hardly receiving some amount as pesnion .

Guest (Expert) 12 September 2011
I agree with the advice of Shri Ajay Sethi.

Jitendar Kumar gupta (Expert) 12 September 2011
Yes He is liable to maintain but he can modify the orders from the court.

prabhakar singh (Expert) 12 September 2011
Will the husband after retirement also bound to maintain his wife from his pension??

Yes is the answer.you shall have to maintain her till you or she is alive unless she remarry some one else.

How ever a modification order can be sought from court as your income will now be substantially reduced as rightly advised by Mr. Jitendar Kumar gupta.

Raj Kumar Makkad (Expert) 12 September 2011
File an application under section 127 Cr. PC before the same court which passed earlier order with full facts and pray to re-fix the maintenance allowance which shall give notice to your wife and after obtaining her reply and evidence thereon shall decide the matter accordingly.

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