Mumbai: The Bombay High court today held a woman is entitled to claim maintenance even if she has waived her rights to demand under the Code of Criminal Procedure.
Under section 125 of CrPC which entitles maintenance to a woman from her husband, Justice MS Sonak said the section was enacted in public interest.
The HC was hearing a petition challenging lower court’s order to pay maintenance to his wife under CrPC filed by Sangli resident from Maharashtra against his estranged wife.
As per the petition, the couple had filed a joint plea before Lok Adalat in 2012, seeking to dissolve their marriage.
They also signed a ‘consent decree’ giving up their right to claim maintenance from each other.
But only a year later, the wife has initiated criminal proceedings under the Hindu Marriage Act and the CrPC, claiming maintenance from her husband and said that her husband had obtained her consent for the decree “fraudulently”.
The petitioner moved the HC after the magistrate and the sessions court upheld the wife’s plea, TOI reports.
Justice Sonak observing the section 125 of CrPC said that maintenance under the CrPC is a matter of public policy, and a private consent deed cannot be allowed to override a public policy enacted for the larger good.
“Giving effect to an agreement, which overrides the provision of the law…would amount to not only giving recognition to something that is opposed to public policy but it would also amount to the negation of such policy,” the HC held dismissing the petitioner’s plea while upheld the wife’s plea.