December 28,2018:
Bombay High Court has expounded that,"A Woman’s right to maintenance cannot be done away with even if she had specifically waived it in an earlier agreement".
HC Judge, Justice MS Sonak stated that,“There are several rulings taking view that an Agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in future, is opposed to the Public Policy and, therefore, such an agreement, even if voluntarily entered, is not enforceable.”
HC while siting other rulings in relation to this stated that,"Statutory right of a wife for maintenance cannot be bartered, done away with or negated by the husband by setting up an agreement to the contrary".
High Court Bench dimissed Writ Petition submitted by man who stated that his Former Wife’s Application seeking maintenance be dismissed since she had waived her right to it in the consent terms for divorce.
Wife had moved maintenance plea before a magistrate court in 2010. Husband sought a dismissal of the plea and cited the consent terms.
On October 13, 2011, Court rejected the Husband’s application. He then challenged it before Sessions Court which too rejected his plea.
In 2016, husband submitted writ petition before Bombay High Court.
Read Judgment @LatestLaws.com:
Bombay HC Judgment on Woman's Right to Maintenance (Download PDF)
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