In an important legal judgment, the Allahabad High Court held that a wife who waives all rights, including maintenance, at the time of an amicable divorce is not entitled to maintenance from her former husband at a later date. The court set aside the order of the Gautam Budh Nagar Family Court which had directed the husband to pay a monthly maintenance of INR 25,000 to the wife.
The husband's application for an appeal against the maintenance order was granted by the court, while the wife's application for an increase in maintenance was rejected. Justice Vipin Chandra Dixit passed the order on the revision petitions filed by Gaurav Mehta (the husband) and Anamika Chopra (the wife) and made it clear that the wife was not entitled to the same as at the time of divorce she was entitled to all future rights against her husband I gave up until the interim maintenance.
The case stems from a marriage that took place on February 27, 2004, which resulted in a son named Abhimanyu. Due to disputes, the couple filed for an amicable divorce at the Tis Hazari Court in New Delhi on June 16, 2006. The wife expressly stated that she would no longer demand maintenance from the husband in the future. The agreement stipulated that the son would remain with the mother until he reached adulthood, with the father being granted regular visitation rights.
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The divorce was finalized on August 20, 2007 and the couple has lived separately since then. Later, the wife filed a Section 125 petition in the Gautam Budh Nagar Family Court on behalf of her son, which resulted in the husband having to pay INR 15,000 per month for the maintenance of the son.
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