Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC

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.  

A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed in a plea moved by his wife under Section 125 CrPC directing him to pay Rs.25K per month as interim maintenance to the respondent-wife.

The Court observed that the wife had been living independently from her husband since 2006. Furthermore, the divorce had been agreed upon mutually, during which the wife had consciously chosen to forego her right to claim maintenance. Therefore, the Court concluded that the Family Court erred in awarding interim maintenance to her.

The case in brief

In this particular case, a petition was submitted by both, husband and wife, under Section 13B(1) of the Hindu Marriage Act in 2006-07, seeking divorce by mutual consent. The terms of the divorce were agreed upon, including the understanding that the wife would not pursue any maintenance claims from her husband. Additionally, custody of their minor son was granted to the mother. The divorce decree was drawn up in August 2007, based on the mutually agreed terms.

Following the divorce, the respondent-wife began residing separately with their son. However, in 2013, approximately six years after the divorce, an application was submitted under Section 125 CrPC on behalf of the minor son seeking maintenance from his father. This application was allowed in November 2019, with a directive to the father to pay Rs.15,000 per month as maintenance to his son.

Subsequently, in the year 2020, roughly thirteen years post-divorce, the respondent-wife too applied Section 125 CrPC, seeking maintenance from her husband equivalent to 25% of his income. An additional application for interim maintenance was also filed, and the court, in the impugned order, directed the husband to pay Rs. 25,000/- as an interim maintenance to the wife.

The Senior Advocate representing the revisionist-husband argued that both parties had mutually filed for divorce under Section 13B(1) of the Hindu Marriage Act, and the divorce decree was granted based on the agreed terms and conditions.

He further submitted that the respondent-wife had explicitly consented to waive her right to claim maintenance or compensation from her husband and therefore, now she can not claim any maintenance from the husband.

On the other hand, the wife, appearing in person, submitted that she is facing great financial hardship and that her son was studying in Canada and hence, a very huge amount is being spent by her in the education of her son.

She also argued that at the time of divorce, she was working in a private company and was getting a salary of Rs.1,86,000/- per month but later on she left the job and at present her income is only Rs.75,000/- as an Intern in a law firm and after deduction, she receives only Rs.67,500/- per month, whereas the income of her husband is about 4,50,000/- per month.

High Court's order

Against the backdrop of these submissions, the Single Judge, at the outset, referred to the Supreme Court's ruling in the case of Ruchi Agarwal Vs. Amit Kumar Agrawal and others wherein it was observed that once a wife has obtained divorce without contest based on terms of compromise, it is not open to the wife to pursue the criminal complaint against her husband and it amounts to harassment of the husband.

The Court also referred to Section 125(4) CrPC which provides no wife shall be entitled to receive the allowance for maintenance from her husband if she is living separately by mutual consent.

In view of these observations, the Court concluded that in the instant case, the respondent-wife was not entitled to any interim maintenance as she had already waived off her right to claim maintenance at the time of divorce. With this, the revision plea of the husband was allowed.

Case title - Gaurav Mehta vs. Anamika Chopra along with a connected matter 2024 LiveLaw (AB) 218 [CRIMINAL REVISION No. - 4152 of 2023]

Case citation: 2024 LiveLaw (AB) 218

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