Allahabad High Court denies maintenance to wife who waived claims at the time of divorce

In an important judgment, the Allahabad High Court has ruled that a wife who waives all her rights, including maintenance, at the time of an amicable divorce cannot later demand maintenance from her former husband. This verdict comes after the court set aside an order of the Gautam Budh Nagar Family Court which had previously awarded the woman a monthly maintenance of Rs. 25,000.

The case that caught the court's attention involved a couple, Gaurav Mehta and Anamika Chopra, who married on February 27, 2004 and had a child named Abhimanyu. After arguments, they filed for divorce by mutual consent at the Tis Hazari Court in New Delhi on June 16, 2006. During the proceedings, the wife stated that she would not demand maintenance from her husband in the future. The divorce was finalized on August 20, 2007 and they have lived separately since then.

Later, the wife filed an application under Section 125 in the Gautam Budh Nagar Family Court on behalf of her son, demanding a monthly maintenance of Rs. 15,000 for the child. Subsequently, she also sought maintenance of 25% of her ex-husband's income for herself and also pleaded for Rs.50,000 in interim maintenance.

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The family court granted her application and held that she was entitled to a monthly maintenance of Rs. 25,000. The husband disputed the validity of this order on the grounds that his ex-wife had lost all her rights at the time of the divorce. The Supreme Court allowed the husband's appeal, finding that the family court had erred in its judgment, and set aside the order granting interim maintenance to the wife.

Justice Vipin Chandra Dixit, presiding over the matter, emphasized that by agreeing to the divorce, the wife had clearly waived all her future rights against her husband, thereby nullifying her right to any subsequent maintenance payments.