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SATHISH NINAN, P. KRISHNA KUMAR
Sheela George – Appellant
Versus
V. M. Alexander – Respondent
JUDGMENT
P. Krishna Kumar, J.—This appeal is preferred against the order rejecting an application for maintenance filed by the appellants against the respondent.
2. The first appellant is the divorced wife of respondent, and the second appellant is their child. The appellants filed a petition under Section 26 and Rule 1 of Order VII of the Code of Civil Procedure r/w Section 7 of the Family Courts Act before the Family Court, Mavelikkara, claiming Rs.3,60,000/- as arrears of maintenance for the previous three years and Rs.5,000/- each per month towards future maintenance. The parties are Christians.
3. The learned Family Judge dismissed the claim on the finding that, as per a compromise agreement (Ext.B2), the first appellant had relinquished her right to maintenance from the respondent on receiving Rs. 30,000/-. It was also found that she failed to prove her inability to maintain herself, as well as the ability of the respondent to provide the amount of maintenance claimed. Regarding the claim for the child, the Family Court found that it is not maintainable as Section 37 of the Divorce Act (‘the Act’, for short) does not apply to a minor child. It was also observed that, since th
(1) Maintenance/alimony – Divorced wife is entitled to raise claim for permanent alimony against former husband – There exists no legal bar to file a separate petition asserting such a claim subseque....
A divorced wife retains the right to claim maintenance despite prior agreements, and minor children are entitled to maintenance under the Act.
A divorced wife retains the right to claim maintenance despite prior agreements, and minor children are entitled to maintenance under the Act.
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
Divorced women retain the right to claim maintenance under Section 125, despite earlier agreements unless explicitly waived.
Maintenance – Where husband has performed second marriage, wife has sufficient cause to reside separately from her husband – Divorced wife is also entitled to maintenance till she marries another man....
The judgment established that a woman's waiver of future maintenance does not preclude her from claiming maintenance under Section 125 of the Code, and illusory amounts cannot be considered as reason....
An agreement by which a wife waives her right of maintenance protected under Section 125 of Cr.P.C is an agreement against public policy and the same is ab initio void and not enforceable.
A divorced Muslim woman can assert her right to maintenance under Section 125 of Cr.P.C. despite prior agreements, if those agreements fail to provide adequate future support.
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