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MOTHER, IF GETTING DIVORCED UNDER SECTION 13B OF HINDU MARRIAGE ACT, CANNOT WAIVE OFF MAINTENANCE RIGHTS OF HER DAUGHTER,: Supreme Court

Team SoOLEGAL 3 May 2019 10:20am

MOTHER, IF GETTING DIVORCED UNDER SECTION 13B OF HINDU MARRIAGE ACT, CANNOT WAIVE OFF MAINTENANCE RIGHTS OF HER DAUGHTER,: Supreme Court

Supreme Court bench comprising of Justice Uday Umesh Lalit and Justice Indu Malhotra was dealing with an appeal filed by the appellant for being aggrieved by the lower Court's order. One of the terms agreed between the parties was that the applicant will not be obligated to taking monthly maintenance provided to the daughter with the non-applicant. The appellant got divorced from her husband recently.

The bench has observed that:

"It was certainly open to the wife to give up any claim so far as maintenance or permanent alimony or stridhan but she could not have given up the rights which vest in the daughter insofar as maintenance and other issues are concerned."
Second important clause in the agreement was that the complaint against the husband and his near relatives will be taken back by the wife, which she did not do so. This clause was set aside by the Apex Court. Also, the registered FIR against the husband and his relatives was quashed.

In this case, the Apex Court has held that the mother cannot waive off her right of maintenance of daughter during divorce, even if it is by mutual consent.



Tagged: Supreme Court   Divorce   Mutual Consent   Maintenance   Justice Uday Umesh Lalit   Justice Indu Malhotra  
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