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ajit g anjarlekar (associate lawyer)     11 January 2016

Whether a consent decree for maintenance be altered

A Christian husband files an OP (Div). Subsequently his wife who is also a Christian files a petition under Guardian ANd Wards Act seeking permanent custody of their only boy who was with the husband. parties entered into a compromise and the terms and conditions of the same were reduced to an instrument at the instance of the Mediation Cell. the memorandum of agreement inter alia provided that the parties shall submit a joint petition for divorce, the husband shall pay a lump sum amount of RS 15 lakh and a monthly maintenance of rs 3500 per moth until her death or remarriage as the case may be. both the parties and their counsels sign the agreemnt and both the said petitions are decreeed in terms of the  compromise.

the husband had paid RS 15 lakh as promised, is looking after all the affairs of the child and was paying the maintenance amount of RS 3500 hitherto. husband marries again later. due to an unprecedented financial crisis, the husband is no longer able to pay the promised amount. husband has the evidence that ex wife is gainfully employed and goes for foreign tours once in a while..

what is the remedy for the husband. 



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