Relinquishment of a maintenance claim under Section 125 Cr.P.C. does not bar future applications if circumstances change.

ORDER

This revision petition is filed against the order dated

13.10.2020 in MC No.499/2019 of Family Court, Kannur, by which an application for maintenance is rejected mainly for the reason that the petitioner relinquished her right to get maintenance as per an agreement executed on 20.05.2019.

Aggrieved by the same, this revision petition is filed.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. Admittedly the petitioner relinquished her right to get maintenance as per Ext.B1 agreement in the year 2019. In the year 2019 itself, the petitioner filed an application to get maintenance under Section 125 Cr.P.C. The same cannot be accepted. It is true that simply because the wife relinquished the right to get maintenance and if there is any change of circumstances, she can very well file a fresh application for maintenance. But here is a case where in the year 2019 she relinquished her right to get maintenance and in the same year she filed an application under Section 125 Cr.P.C. and the Family Court rightly rejected that claim.

4. But I make it clear that if there is any change of circumstances, the petitioner is free to approach the jurisdictional Family Court with fresh application under Section

125 Cr.P.C.

With the above observation, this revision petition is disposed of.