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Only in the following conditions, the husband can be exonerated from the liability of maintenance after it is ordered.

  1. Death of the wife
  2. Remarriage of the wife
  3. Proven adultery on the part of the wife
  4. When the wife by herself relinquishes maintenance
  5. Certain incapacities of husband such as insanity

P.S:

  •  The husband cannot claim exemption from maintenance just because, he is out of a job or he has mounting loans.
  •   However Husband proving that wife has parted from matrimonial life without sufficient reasons is a good defense during the trial for Maintenance under Section 125 Cr.P.C.
  •  Maintenance under Hindu Law, Muslim Law, and other personal laws have different criteria along with the above-referred parameters.
  • Not just the wife but also minor son, unmarried daughter and aged parents can also seek maintenance under Section 125 Cr.P.C
  • Divorce Decree will not absolve the liability to pay maintenance

Image Credit: Photo by Micheile Henderson on Unsplash