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Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]

Ashok Kini
2 May 2019 1:35 PM GMT
Mother Cant Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]
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"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."

The Supreme Court has observed that a mother cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent. While considering an appeal, the bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra noticed one of the terms agreed between the parties which read thus: The applicant has released...

The Supreme Court has observed that a mother cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent.

While considering an appeal, the bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra noticed one of the terms agreed between the parties which read thus: The applicant has released the right of monthly maintenance to the daughter with the non-applicant.

The court, expressed its reservation, in this regard, and observed:

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."

The bench then invoked its power under Article 142 of the Constitution of India to set-aside the said Clause.

Another clause in the consent terms was that the wife will take back the complaint she had filed against the husband and his relatives. As she did not withdraw the complaint, a contempt petition was filed by him, which got dismissed. The bench said:

"If the parties had arrived at a settlement and decided to withdraw the cases filed by each of the parties against the other, the compromise ought to be effectuated in complete sense."

It also quashed the FIR registered against the husband and relatives in this regard.

Click here to download the Order


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