| My spouse and I have been separated for years and she has been cohabiting with another person. Divorce is still pending before the Chennai Family Court. Can she continue to claim maintenance from me during this period? |
No, a spouse who has remarried after separation generally cannot claim maintenance in Chennai, since Indian courts, following well-established Supreme Court precedent, have consistently held that the right to maintenance under both the Hindu Marriage Act and Section 125 CrPC/BNSS is extinguished upon the recipient's remarriage.
The rationale is that maintenance exists to support a spouse who no longer has the benefit of the marital relationship, and remarriage creates a new source of support and legal responsibility from the new spouse, making continued maintenance from the former spouse unjustified and against public policy.
Chennai Family Courts require the paying spouse to prove the remarriage through valid evidence such as a marriage certificate, photographs, or witness testimony, after which an application can be filed to terminate or modify the existing maintenance order.
Given that some recipients may not voluntarily disclose remarriage, gathering credible proof and filing the right application is essential to stop unwarranted payments. Reaching out via Aapka Legal Advice can help you navigate this process effectively.
Because courts require solid documentary proof before modifying maintenance orders, obtaining a second opinion from a retired judge on your evidence can help you proceed with confidence. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's Chennai divorce lawyer directory.
In conclusion, your spouse cannot continue to claim maintenance in Chennai after remarrying, provided the remarriage is properly proven before the Family Court through an appropriate modification application.
