The Gauhati High Court has ruled that a husband’s obligation to pay maintenance under Section 125 CrPC is a statutory right of the wife, and cannot be avoided by signing an agreement. Justice Rumi Kumari Phukan made this decision while hearing a plea from a wife challenging a trial court’s order that denied her maintenance.
The couple married on March 10, 2016. Within three months, the wife claimed she was tortured by her husband and in-laws, who demanded dowry. She filed a criminal case, and during the settlement, allegedly agreed that her parents would cover her expenses while she stayed with them.
However, the husband never returned to take her back, and she sought maintenance while pursuing her undergraduate studies. The husband accused her of adultery, citing her personal diary where she mentioned feelings for another man before their marriage.
The trial court dismissed the husband’s adultery claims, noting they were based on pre-marital feelings. Despite this, the court ruled against the wife’s maintenance claim, leading to her appeal.
The High Court observed that the wife had lived with her parents since January 2017 and received no maintenance from her husband, who is a school teacher earning around ₹22,000 per month. The husband provided no details on why she left or why an FIR was filed against him.
Judge Phukan noted that the husband did not maintain his wife and that his claims of adultery were unfounded. The court declared the agreement void under Section 125 CrPC and stated that the husband must pay maintenance.
The High Court set aside the trial court’s order and directed a fresh consideration of the case, with both parties to appear before the trial court on June 14, 2022, for further proceedings.
This ruling reinforces that maintenance rights cannot be waived through private agreements, ensuring that statutory protections for wives are upheld.
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