The Kerala High Court has ruled that a wife is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act), even if she had earlier signed an agreement giving up that right.
Justice A. Badharudeen made it clear that any agreement between husband and wife that seeks to waive a woman’s right to maintenance is invalid and against public policy. The Court cited earlier rulings of the Supreme Court and Kerala High Court, stressing that a husband’s statutory duty to provide financial support to his wife and children cannot be avoided by private agreements.
Case Background
The woman filed a petition under Section 20 of the DV Act, seeking maintenance and other reliefs, including interim support under Section 23. She stated that she divorced her husband in 2018 after repeated demands for money and gold led to domestic violence. She further claimed that she had no independent income, while her former husband earned over ₹15 lakh per month.
The man argued that his ex-wife had waived her right to maintenance through a notarised agreement signed in 2017 as part of the divorce settlement. He also alleged that she ran a yoga centre and earned about ₹2 lakh per month.
Lower Court Findings
The magistrate awarded the woman ₹30,000 per month as interim maintenance, a decision upheld in appeal. Both courts rejected the man’s claims about her income and ruled that the notarised agreement could not remove her legal right to maintenance.
High Court’s Ruling
The High Court observed that the agreement did not mention any provision for maintenance payments. It held that waiving the right to maintenance was legally invalid because it violated the DV Act.
The Court also underlined that the right to maintenance continues even after divorce, protecting women and children from financial hardship. Finding the ₹30,000 interim maintenance fair, the Court refused to interfere with the magistrate’s order.
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