In a Significant Judgement of the Bombay High Court it has been held that even when the wife enters into an agreement with her husband waving off her right to maintenance, her right to maintenance cannot be bargained!!!
Justice MS Sonak ordered in a petition filed by R Kamble wherein he has submitted that the respondent wife made false allegations that her consent to waive off her right to maintenance was obtained by fraud.But the Bombay High Court stated that the respondent wife’s application for maintenance under s 125 of Cr PC was maintainable. It has been held previously that the right to maintenance is a statutory right and any agreement which negates the same shall be against the public policy. Hence the husband’s petition stands dismissed.
27
Dec
