Can wife claim maintenance after Mutual Divorce? क्या पत्नी आपसी तलाक के बाद भरण-पोषण का दावा कर सकती है?

When a couple opts for divorce, the concept of maintenance arises, and if the wife is financially dependent on her husband, then she can seek a measure of maintenance, so that even after the divorce she can continue to pass her life at the same level.

    Before proceeding further, we should know the legal concept of Mutual Divorce and the provisions of Maintenance under the law.

    Mutual Divorce or Mutual Consent Divorce is a kind of Divorce, where both the parties i.e. husband and wife mutually agree to end their marriage, and also decide the terms and conditions of divorce amicably, and further they file a Mutual Divorce Petition jointly before the family Court to get the Decree of Divorce.

    Moreover, since the ground of such divorce is Mutual Consent and since both the parties have agreed to the divorce after filing a joint petition before the Family Court, and hence the Divorce by Mutual Consent is final and binding and this cannot be challenged by either of the parties in any Court, and they cannot violate the terms of the agreement and decision.

    Therefore, if the wife gives up her right to claim maintenance from her husband at the time of divorce by Mutual Consent or if she has received a lump sum amount at the time of divorce by Mutual consent, then she cannot claim it later.

Other side, under Section 125(1) Explanation (b) of CrPC, wife is defined to include a woman whom her husband has divorced or has taken divorce from her husband, and has not remarried.

    So, this Section shows that, the wife who has been divorced by her husband can claim maintenance from her husband if she is not remarried.

But on the contrary, Section 125(4) of the CrPC states that, “No wife shall be entitled to receive allowance from her husband, if she is living in adultery, or if she refuses to live with her husband without any sufficient cause, or if husband and wife are living separately by mutual consent.

Now we will understand this question after reading some Judgments passed by the Court:-

1.    The Bombay High Court in the matter of Popat Kashinath Bodke Versus Kamalabai Popat Bodke held that, If husband and wife are living separately by mutual consent then in view of Section 125(4) of CrPC, the wife would not having right to claim alimony from her husband after the date of execution of an agreement, if that agreement has been acted on and appropriate provision for maintenance has been made.

Further held that, when the husband and wife entered into an agreement after matrimonial dispute, then

(a)             The texture of the document is to be seen and words and sentences used are to be considered.

(b)            The intention expressed by the language of the document must be taken into account, and the Court must reach a conclusion as to what the spouses are expressing by such agreement and document executed between them.

(c)             The document may be a customary divorce document, the document may be for the purpose of giving a lump sum amount as alimony to the wife or the document may be for permanent separation and to adjust the assets and liabilities of the couple.

(d)             The agreement has to be read as a whole and the Court has to come to the appropriate conclusion. If by any such agreement or document the husband and wife are willing to live separately, then it should be properly considered in matrimonial matters. 

2. The Allahabad High Court in the matter of Gaurav Mehta Versus Anamika Chopra held that , if wife gives up her right to claim maintenance from her husband at the time of divorce by Mutual Consent Divorce , then she cannot demand it later.

            In this case, both the parties filed divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act before the District Judge , New Delhi , and the following conditions were agreed by both the parties:- 

👉That the wife shall not claim any amount from her husband as Stridhan, maintenance, compensation , damages etc. (past , present and future). 

👉That the son would remain under the custody of his  mother until he attains adulthood. 

👉That the husband will have right to visit his son once a month.

         The Divorce Decree was passed in August ,2007 after accepting the above mentioned agreed conditions by both the parties before the Court.  

         That after six years in the year 2013, the mother filed maintenance petition before the Family Court , Gautam Budha Nagar for claiming maintenance for her son. 

               That when the said Family Court awarded maintenance of Rs.15,000/-p.m. to the son and his father started paying the maintenance amount to him , then the wife also filed an Application to claim maintenance for herself from her ex-husband. 

        The said Family Court also passed order of maintenance in her favor as well , and directed her ex-husband to pay her Rs.25,000/-p.m. from the date of filing the Application. 

                    But, dissatisfied with this amount, the wife filed a Revision Petition before the Allahabad High Court to increase the said amount on the ground that this amount is not sufficient for her maintenance. 

        The Allahabad High Court dismissed her Revision Petition on the ground that :-

        ➧Once the wife gives up he right to maintenance from her husband at the time of divorce and a divorce Decree is passed on the agreed terms and conditions of the agreement , it is not open to the wife to claim maintenance from her husband in future.

         ➧ Under Section 125(4) CrPC , there is a provision that if a wife is living separately from her husband with mutual consent then she will not be entitled to receive maintenance from her husband. 

    The Allahabad High Court further held that the Revision Petition filed by the wife claiming maintenance is not maintainable , and the Family Court has committed gross illegality in awarding interim maintenance. 

Conclusion:

    After perusal of the above mentioned laws and Judgements , it is clear that  if the wife has been granted lump sum permanent alimony at the time of divorce by Mutual Consent , and she has received it as a complete and final settlement , then she cannot claim maintenance after getting divorce on any ground.  

    Furthermore , if wife and husband have entered into a settlement agreement at the time of divorce and this agreement contains a clause for future payment of maintenance and the wife has agreed to it as a complete and final settlement of her right to permanent alimony or the wife has expressly waived any further or future claim then the wife has lost her right to claim maintenance after getting mutual divorce.