The Kerala High Court in xxx v yyy 2nd February 2023 says a wife is eligible for maintenance under Section 125 of CrPC even if there is an agreement by which a wife waives her right of maintenance. This is because such an agreement is against public policy. Therefore, such an agreement is ab initio void and not enforceable.
The High Court relied on the Kerla High Court judgments in Rajesh R. Nair v Meera Babu [2013 (1) KLT 899], and Vikraman Nair & Another v Aishwarya & Others [2019 (1) KLT 826], in which the court says the claim for maintenance could not be denied as the agreement by which the wife waives her right of maintenance protected under Section 125 CrPC is an agreement against public policy and is void ab initio.
The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband, in Sunil Sachdeva v Rashmi and Another.
However the Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same, as per the judgement in Gaurav Mehta v Anamika Chopra & connected cases.
Reference
- Kerala High Court judgement in xxx v yyy
- Rajesh R. Nair v Meera Babu [2013 (1) KLT 899]
- Vikraman Nair & Another v Aishwarya & Others [2019 (1) KLT 826]
