Saturday, May 28, 2022

Husband cannot escape liability to pay maintenance by entering into agreement with wife: Section 125 CRPC: Gauhati High Court

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The Gauhati High Court recently held that right to receive maintenance from the husband under Section 125 of the Code of Criminal Procedure (CrPC) is a statutory right of a wife and the husband cannot escape from his liability by signing an agreement to the contrary.

"The statutory right of a wife of maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary...It has also been held that an agreement by which the wife waived her right to claim maintenance would be a void agreement as against public policy," - single-judge Justice Rumi Kumari Phukan 

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