Request court to reduce interim maintenance to wife if husband remarried
3 years ago
Can husband request court to reduce interim maintenance allotted to wife if he gets remarried ?
Court ordered 20000 per month to wife as interim maintenance.
Husbands current salary is 1 lakh per month and wife's salary is 45000 per month.
Divorce is ordered and husband remarried 1 month ago and he now has responsibility to maintain ex-wife, and his family which includes his present wife, father and mother.
So, can he request court to reconsider maintenance amount and how likely is it for court to consider his plea?
Yes, it can be reduced at the discretion of family Court since circumstances changed in respect of expenditure of the husband.
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Rajaganapathy Ganesan
Responded 3 years ago
G.Rajaganapathy
High Court of Madras
SANJAY DUTT SHARMA
Responded 3 years ago
That could only be possible if compensation amount exceeds or miscalculated.
Mere reduction on the basis of personal expenses not maintainable.
There is no bar on the husband making such a request. It is, however, unlikely to succeed. The law states that a divorced spouse has the right to claim maintenance if their partner earns more than them, so the Court would disprove of one requesting that the maintenance being paid be reduced because he married someone else. The request is more likely to succeed if he can clearly show that his ex-wife is clearly capable of supporting herself with the reduced amount the husband wants to pay.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
Yes, he can request that the amount be lowered, but the Court is unlikely to grant his request. They will be of the opinion that he should not have gotten married again if he is unable to support his ex-wife, who has a right to receive maintenance.
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