Kerala High Court Upholds Interim Maintenance to Divorced Wife Despite Waiver Agreement
(Criminal Revision Petition No. 1121 of 2024)
In a strong reaffirmation of a wife's right to maintenance, the Kerala High Court on April 10, 2025, upheld the grant of ?30,000 monthly interim maintenance to a divorced wife, despite an earlier agreement where she was said to have waived such rights. Justice A. Badharudeen dismissed the husband's challenge to the orders passed by the trial and appellate courts.
The wife had approached the court under the Protection of Women from Domestic Violence Act, 2005, alleging harassment during the marriage, including forced dowry demands. Though the marriage ended in 2018, she sought relief under the Act, highlighting her lack of financial support. The husband, a pilot earning over ?15 lakh per month, contested the claim, citing a 2017 notarized agreement where the wife allegedly gave up her maintenance rights, and further claimed she earned ?2 lakh monthly by running a yoga center — a claim unsupported by evidence.
Rejecting the husband's arguments, the Court emphasized that statutory rights like maintenance cannot be waived by private agreement, citing landmark decisions like Bhupinder Singh v. Daljit Kaur and Bai Tahira v. Ali Hussain Fidaali Chothia. Justice Badharudeen firmly stated:
> "Waiver or abandonment of the right of maintenance by the wife would not negate her claim for maintenance."
The Court further highlighted that acts of domestic violence occurring during the marriage can entitle a divorced wife to protection and maintenance under the Domestic Violence Act, drawing support from Juveria Abdul Majid Patni v. Atif Iqbal Mansoori.
Finding no merit in the husband's revision petition, the Court ordered him to clear all arrears within 30 days, warning that failure to comply would allow the wife to pursue coercive legal measures. The interim stay was lifted, ensuring the wife's rights are enforced without further delay.
