Wife Can Claim Maintenance Under DV Act Even After Waiving It, Says Kerala High Court
The Kerala High Court has ruled that a woman can still ask for maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act) even if she earlier signed an agreement with her ex-husband giving up that right.
Justice A Badharudeen said that any agreement trying to take away a woman’s legal right to maintenance is not valid in law.
The Court referred to past rulings from the Supreme Court and Kerala High Court, stating that a husband has a legal duty to provide maintenance to his wife and children under the DV Act. This duty cannot be avoided by any written or verbal agreement.
The judge explained that even if a woman agrees in court or through a private agreement to not claim maintenance in the future, this type of waiver is against public policy. Therefore, she can still legally ask for maintenance later, either for herself or her children.
In this case, the woman had filed a case under Section 20 of the DV Act and also asked for interim maintenance under Section 23. She said she divorced her husband in 2018 due to domestic violence and pressure for gold and money. She had no steady income and claimed her ex-husband earned more than ₹15 lakh per month.
The man argued that his ex-wife had signed a notarised agreement in 2017 as part of the divorce settlement, where she gave up her right to maintenance. He also claimed she earned ₹2 lakh per month from a yoga center.
However, the magistrate awarded her ₹30,000 per month as interim maintenance, and the appellate court confirmed the decision. Both courts rejected the man’s claims about her income and ruled that the agreement could not cancel her legal right to claim maintenance.
The man took the case to the Kerala High Court, which reviewed the facts and found that the agreement did not mention any payment for maintenance. The Court said any deal that tries to remove the right to maintenance is not valid, as it goes against the law.
The High Court also stated that a woman’s right to maintenance remains even after divorce, and this ensures that she is legally protected even after the marriage ends.
The Court found the ₹30,000 monthly maintenance reasonable and decided not to change the lower court’s order.
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