Husband Cannot Escape Maintenance by Private Agreement, Rules Gauhati High Court
In a recent decision, the Gauhati High Court said that a husband cannot avoid paying maintenance to his wife just by signing an agreement with her. The court made it clear that a wife’s right to maintenance under Section 125 of the CrPC is a legal right and cannot be taken away by a private agreement.
Background of the Case
The couple got married on March 10, 2016. Within three months, the wife claimed that she faced mental and physical harassment from her husband and in-laws for dowry. She later filed a police complaint.
To settle the matter, the husband and his family made an agreement with the wife. According to this agreement, the wife would stay with her parents and they would take care of her expenses.
But the wife claimed her husband never returned to take her back, even though she was pursuing her college education and had no income.
The husband argued that the wife had feelings for another man before their marriage, as noted in her personal diary, and accused her of adultery.
Trial Court Ruling and High Court Appeal
The trial court rejected the adultery claim, noting that any such feelings were from before the marriage and did not prove any wrong behavior after marriage. Still, the court denied her maintenance, saying she had agreed to the deal where her parents would support her.
The wife then appealed to the Gauhati High Court.
High Court Observations
The High Court found that the wife had been living with her parents since January 2017, and the husband did not support her financially at all during that time.
Justice Rumi Kumari Phukan noted that the husband gave no proper explanation for why the wife left or why she filed a complaint. The court said his evasive answers showed that he did not take care of her.
The judge also pointed out that the wife was a student without any earnings, and the husband is a school teacher earning ₹22,000 per month. The claim that she should not get maintenance because of a past diary entry or the agreement was not valid.
Court’s Final Decision
The High Court ruled that private agreements cannot override the law, and such deals are not valid under Section 125 CrPC. The court cancelled the trial court’s decision and ordered a fresh hearing.
Both the husband and wife were told to appear in the trial court on June 14, 2022 for the next hearing.
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