Wife’s Right to Maintenance Cannot Be Waived by Way of Private Contract, Says Kerala High Court After Man Challenges Trial Court’s Order Which Directed Him To Pay Interim Maintenance to His Ex-Wife
Recently, the Kerala High Court said that a private contract between a husband and wife, where the wife has waived her right to maintenance, has no legal standing. While relying on various judgment of the Supreme Court and the High Court, the high court bench of Justice A. Badharudeen said, “…the legal position is very clear on the point that when an agreement is entered into between the wife and the husband, as part of a compromise filed in the Court or otherwise, whereby the wife relinquishes or waives the right to claim maintenance in future from the husband, such agreement is opposed to public policy and it does not preclude her from claiming maintenance.” As per the details of the case, the former husband had challenged the trial court’s order directing him to pay his ex-wife INR 30,000 as interim maintenance. The man claimed that as per an agreement entered into between them, all disputes regarding dowry, alimony and maintenance were settled between them. However, the high court observed that from the same agreement itself, it was clear that no payment was made towards maintenance, and the wife waived her claim for maintenance. The Kerala High Court further held that such relinquishment of the right to maintenance has no legal footing. ‘Age Does Not Dim the Light of Love, It Only Makes It Shine Brighter’: Kerala High Court Grants Bail to 91-Year-Old Man Arrested for Stabbing His Wife Who Accused Him of Having Illicit Relationships.
Man Challenges Trial Court’s Order Directing Him To Pay His Ex-Wife INR 30,000
The Kerala High Court has held that a private contract between a husband and wife, where the wife has waived her right to maintenance has no legal standing.
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