All is NOT well (Harrased by Biased Laws) 26 August 2016

Husband remarry: fate of crpc125

Hi Ld. Experts,

Got Divorce decree passed on my favor on the grounds of Wife's cruelty. Wife appealed in High court with maintenance application u/s 24 HMA - both gopt dismissed by High Court at the stage of admission. After 4 months of high courts decision's I (Husnand) remarried.

Now CrPC 125 which was filed by wife during pendancy of my divorce case, is on the interim' arguments where I presented my affidavit that I have been leagally remarried with further expenditures to maintain my current leagally weded wife.

I need specific citations in this case where maintenance denied to the first wife, when husband legally reamarries.

Thanks!

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4 Replies

Sidharth 26 August 2016

As you stated that 125 crpc is filed during pendency of divorce. Maintenance cannot be denied on the basis of you remarriage but it can be reduced because of your increased financial responsibility

All is NOT well (Harrased by Biased Laws) 26 August 2016

Hi,

Please share if there are any Citatations/Judgments available where maintenance is denied / reduced in similar case.

Thanks

Sidharth 26 August 2016

No judgement is required. Court will order both of you means your x and you to file an detailed affidavit of income and expendeture and that affidavit will be the base of the maintenaince amount You may show your parents as your liabalities.

Born Fighter (xxx) 29 August 2016

you are moving in the right direction, due to second marriages your expenses will increase thereby reducing the wife's maintenance amount. Plan your financials properly hereafter .....