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 waiving such rights.
Justice A Badharudeen clarified that any agreement between husband and wife that tries to take away a woman’s legal right to maintenance is invalid and against public policy. The Court emphasized that the statutory duty of a husband to provide maintenance to his wife or children cannot be avoided through private agreements.
Case Background
The woman, who divorced her husband in 2018 due to repeated demands for gold and money that escalated into domestic violence, filed a petition under Section 20 of the DV Act. She sought interim maintenance under Section 23, claiming she had no independent income, while her former husband was earning over ₹15 lakh per month.
Her ex-husband argued that she had waived her right to maintenance through a notarised agreement in 2017 as part of their divorce settlement. He also alleged that she earned ₹2 lakh per month from running a yoga centre.
Lower Court Findings
The magistrate awarded the woman ₹30,000 as interim monthly maintenance, which was later upheld in appeal. Both courts dismissed the husband’s claims about her income and confirmed that the notarised agreement could not take away her statutory right.
High Court’s Decision
The High Court observed that the notarised agreement did not specifically provide for maintenance payments. It reiterated that any waiver of the right to maintenance is legally invalid, as it violates the statutory protection guaranteed under the DV Act.
The Court also stressed that obligations under the DV Act survive even after divorce, ensuring that the rights of a woman and her children remain protected. Finding the ₹30,000 maintenance reasonable, the Court refused to interfere with the magistrate’s order.
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