The Kerala High Court recently ruled that a wife who gave up her right to maintenance during a mutual divorce can still ask for maintenance later if her circumstances have changed.
The decision came from a Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar. They were hearing a Matrimonial Appeal where a Family Court had earlier rejected the request for maintenance made by a divorced woman and her son against her ex-husband.
The couple had divorced in 2004 through mutual consent under Section 10A of the Divorce Act. At the time, they signed a compromise agreement. In this agreement, the husband gave up rights to a property that originally belonged to the wife’s family. In return, the wife accepted ₹30,000 and gave up her right to ask for future maintenance.
Later, a Judicial First Class Magistrate Court ordered the husband to pay ₹175 per month as maintenance for their minor son under Section 125 of the CrPC.
Still, the wife and son filed another petition before the Family Court in Mavelikkara, asking for unpaid and future maintenance. The Family Court dismissed this, saying the wife had already given up her maintenance rights and had not proven that she couldn’t support herself or that the husband could support them. The Court also said the child’s maintenance request should have been made through the Magistrate Court, not under the Divorce Act.
However, the High Court said that just because the wife had earlier given up her right to maintenance does not stop her from asking for it again later under Section 125 of the CrPC—if her situation has changed. The Court explained that while Section 127(3)(c) allows a husband to cancel maintenance if the wife voluntarily gave it up, it doesn’t stop the wife from applying for it again if she can no longer support herself.
The Court noted that each case must be looked at based on its specific facts and conditions.
Case Title: Sheela George and another v. V.M. Alexander
Case No: Mat. Appeal No. 586 of 2017
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