Remarriage of Wife Typically Ends Husband's Maintenance Obligation in India, But Nuances Exist
मुख्य बातें
- •A wife's remarriage generally terminates her right to receive maintenance from her former husband in India.
- •husbands must obtain a formal court order to cancel or modify maintenance obligations after a wife's remarriage, not stop payments unilaterally.
- •The Supreme Court has ruled that remarriage extinguishes a former husband's maintenance obligation, and this right does not revive if the second marriage ends.
- •While a wife's remarriage ends her maintenance, a husband's remarriage does not end his obligation to his first wife, though the amount may be reduced.
- •A wife's remarriage does not affect her child's right to maintenance, as the father's obligation to support the child continues.
In India, maintenance laws are designed to ensure financial support for a spouse unable to sustain themselves following separation or divorce. A common legal query that arises is the status of this obligation when a wife remarries. Generally, Indian law permits a husband to cease maintenance payments upon his former wife's remarriage, as the responsibility for financial support is understood to shift to the new spouse. However, the specifics can vary significantly depending on the type of maintenance, the governing law, the religion of the parties involved, and whether children are part of the equation.
