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Right of Maintenance Post-Divorce - A divorced wife and children retain the statutory right to maintenance under Section 125 of the CrPC, regardless of any prior relinquishment clauses in a divorce deed. Such clauses are considered void if they contradict public policy under Section 23 of the Contract Act. 01300042226: Paras 14, 16
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Analysis and Conclusion - Maintenance under Section 125 is a statutory right that cannot be waived or extinguished through agreements or deeds, including customary divorce settlements. The law prioritizes the welfare of the wife and children, ensuring their right to maintenance remains intact even after divorce. Therefore, the exhaustion of the right of maintenance after divorce is not permissible if the legal provisions are violated or overridden by invalid contractual clauses.
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