Monthly maintenance issue
MAHESH S. KAUSHIK
(Querist) 13 August 2011
This query is : Resolved
i got divorce (with two children staying with her) 1 yrs bck by mutual understanding. & i am paying monthly maintenance of Rs.3000/- per month.
recently she got married & i also got married too. then also i have to pay monthly maintenance.?
Arun Kumar Bhagat
(Expert) 13 August 2011
You shall have to pay maintenance for your two children.
Advocate Bhartesh goyal
(Expert) 13 August 2011
Your ex wife is not entitled for any maintenance but you have to pay the maintenace to your children.
Raj Kumar Makkad
(Expert) 13 August 2011
Move an application under section 127 Cr. PC being therein the fact of remarriage of your ex-wife and request to immediately discontinue the maintenance payable in her favour. Rest shall go on.
M/s. Y-not legal services
(Expert) 14 August 2011
Am agree with mr.arunkumar. Your ex wife not entitled to claim maintenance. But as a father you have to pay to your children..
Rajarshi Bhowmik
(Expert) 15 August 2011
I think by our experts your problem is already well answered. Adding just a line I would ask 2 things (a) what is the age of your child s? (b)Is your ex wife is also an earner? Please note there is no ready made solution for legal issues and each and every issue has to be solved on its own facts, circumstances and merits. For any further details visit to www.rajarshibhowmik.webs.com
prabhakar singh
(Expert) 15 August 2011
Although Expert Rajarshi Bhowmik is right for commenting that each case has its own answer.
SO your case has also one answer and that is this that bring the fact of remarriage of your divorced wife in notice of the court which granted the maintenance,and court shall modify the order to the effect that no maintenance is payable to divorcee wife remarried.
But children will continue to get the maintenance till they attain majority.Furthermore the court while modifying the order can also take notice of rise in inflation or education cost gone enhanced due to growth of children.
Dr Anil Kumar Singh
(Expert) 16 August 2011
Experts are correct. Your children only are entitled for maintenance. But court can revise the maintenance of children depending on the present circumstances.
