The Kerala High Court ruled that a private agreement where a wife waives her maintenance rights has no legal validity.
Court Rejects Private Settlement on Maintenance
Justice A. Badharudeen held that such contracts, even if part of a court compromise, cannot prevent a woman from claiming maintenance. He cited multiple Supreme Court and High Court decisions. The court emphasized that waiving future maintenance goes against public policy.
Background: Husband Challenged Interim Maintenance
The case involved a former husband contesting a trial court order directing him to pay Rs. 30,000 as interim maintenance to his ex-wife. He claimed they had resolved all issues, including maintenance rights, through a mutual agreement.
Court Finds No Proof of Maintenance Payment
The High Court reviewed the agreement. It found that no maintenance was paid. Instead, the wife had waived her right. The Court ruled that this waiver had no legal standing.
Ex-Wife Faced Dowry Harassment
The woman alleged she suffered domestic violence over dowry demands before the divorce. The Court referred to the 2014 judgment Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, which states an ex-wife can claim maintenance under the Domestic Violence Act, 2005.
Husband’s High Income Supports Interim Relief
The ex-wife stated her husband, a pilot, earned Rs. 15 lakhs per month. He admitted earning Rs. 8.35 lakhs monthly. He also claimed the wife earned Rs. 2 lakhs monthly from a yoga studio.
The Court noted that the husband’s income was established, but the wife’s income wasn’t. Hence, the trial court’s interim maintenance order of Rs. 30,000 did not need interference.
Trial Court to Decide Final Maintenance
The High Court clarified that the issue of the wife’s income and assets is a matter for the trial court to decide based on evidence. It added that these factors need not be considered at the interim stage.
