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

Ashok Kini

2 May 2019 7:05 PM IST

"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...

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

Ashok Kini

"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."

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