Divorce by mutual consent: Wife who waives right to maintenance not entitled to it later, says HC
Allahabad High Court rules that a woman who waives her right to claim maintenance at the time of divorce cannot claim it later.
PRAYAGRAJ: The Allahabad High Court has said that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot claim it later.

Justice Vipin Chandra Dixit allowed a revision plea moved by one Gaurav Mehta, challenging an order of the family court passed in a plea moved by his former wife under Section 125 CrPC directing him to pay ₹25,000 per month as interim maintenance to the respondent-wife.
The facts of the case were that in 2006-07 Mehta and his former wife had sought divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act.
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The terms of the divorce were agreed upon, including the understanding that the wife would not pursue any maintenance claims from her husband. Additionally, custody of their minor son was granted to the mother. The divorce decree was drawn up in August 2007, based on the mutually agreed terms.
Following the divorce, the respondent-wife began living separately with the son. However, in 2013, an application was submitted under Section 125 CrPC on behalf of the minor son seeking maintenance from his father. This application was allowed in November 2019, with a directive to the father to pay Rs.15,000 per month as maintenance to his son.
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Subsequently, in 2020, the former wife too applied under Section 125 CrPC, seeking maintenance from her husband equivalent to 25% of his income. An additional application for interim maintenance was also filed, and the court, in the impugned order, directed the husband to pay ₹25,000/- as interim maintenance to the wife.
The advocate representing the revisionist-husband argued that both parties had mutually filed for divorce under Section 13B(1) of the Hindu Marriage Act, and the divorce decree was granted based on the agreed terms and conditions.
He further submitted that the respondent-wife had explicitly consented to waive her right to claim maintenance or compensation from her husband and therefore, now she could not claim any maintenance from the husband.
On the other hand, the wife, appearing in person, submitted that she was facing great financial hardship and that her son was studying in Canada and hence, a very huge amount was being spent by her on the education of her son.
After hearing the parties concerned, the court said that in the instant case, the respondent-wife was not entitled to any interim maintenance as she had already waived off her right to claim maintenance at the time of divorce. With this, the revision plea of the husband was allowed.
