Right to maintenance is a statutory right, it cannot be denied by signing an agreement - Gauhati High Court

CASE: Ranjit Kaur v. Pavittar Singh 

The Gauhati High Court recently held that a husband cannot do away from his liability by signing an agreement with his wife. It is a statutory right of a wife to receive maintenance.

The HC was considering a plea by a wife challenging the orders passed by the trial court, which on June 26, 2019, denied the wife's maintenance on the ground that she had entered into an agreement with her husband, wherein she agreed that her expenses would be looked after by her parents while staying at her parental house.

The parties got married on March 10, 2016. Within 3 months, the wife claimed that she was tortured by the husband and her in-laws. The wife filed a criminal case, and then the husband and his parents tried to settle the case. During settlement, the wife allegedly agreed that while staying at her parents' house, her expenses would be looked after by her parents.

According to the wife, the husband never returned to take her back to the matrimonial house, so she sought maintenance for herself while she was pursuing her undergraduate studies.

The husband, however, claimed that the wife was living an adulterous life. He relied on the diary of the wife, in which she confessed to having some inclination towards another man before the marriage. He further cited the agreement signed between the couple.

HELD

The High Court noted that the wife had been living at her parents' house since January 2017 and that the husband had not provided any maintenance to her, despite the fact that she was pursuing her education. In regard to the agreement, the Court ruled that it was void under Section 125 CrPc.

The HC, therefore, set aside the trial court order and directed the trial court to consider the matter afresh.