The Allahabad High Court has made a significant observation regarding a womans right to claim maintenance from her husband after divorce by mutual consent. The court ruled that if a woman waives off her right to claim maintenance during the divorce proceedings, she cannot later demand the same. This ruling came as the court allowed a revision plea filed by a husband challenging an order from the Family Court directing him to pay Rs.25,000 per month as interim maintenance to his wife.Judicial OpinionThe bench, led by Justice Vipin Chandra Dixit, opined that since the divorce was mutually agreed upon, and the wife had consciously chosen not to claim maintenance during the divorce process, she cannot now seek interim maintenance. The court noted that the wife had been living independently from her husband since 2006 and had agreed to the divorce terms, including the waiver of maintenance rights.Case BackgroundThe case originated from a petition filed jointly by the 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 included an agreement that the wife would not pursue maintenance claims from her husband. The divorce decree was granted in August 2007, with custody of their minor son awarded to the mother.Subsequent Legal ActionsHowever, several years after the divorce, in 2013, an application was submitted on behalf of the minor son seeking maintenance from his father under Section 125 CrPC, which was allowed in November 2019. Subsequently, in 2020, approximately thirteen years after the divorce, the wife also filed an application under Section 125 CrPC, seeking maintenance from her husband equivalent to 25% of his income.Legal ArgumentsDuring the legal proceedings, the revisionist-husbands Senior Advocate argued that both parties had mutually agreed to the divorce terms, including the waiver of maintenance rights by the wife. The wife, representing herself, countered by stating financial hardships and her sons education expenses as reasons for seeking maintenance.Courts DecisionConsidering the arguments and legal precedents, the High Court referred to the Supreme Courts ruling and Section 125(4) of the CrPC. The court concluded that since the wife had waived off her right to claim maintenance during the divorce, she could not demand interim maintenance later. Consequently, the revision plea of the husband was allowed, and the court upheld the waiver of maintenance rights by the wife.
