Settlement Agreement Cannot Bar Maintenance Petition Especially When Maintenance Of Child Is Included: Delhi High Court

The Delhi High Court observed that the existence of a Settlement Agreement between the parties at the time of the divorce cannot be a basis to outrightly say that the Maintenance Petition is not maintainable, especially when it includes the maintenance of the child.

It was also observed that once a wife is divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken.

The Bench of Justice Neena Bansal Krishna observed, “It is therefore, necessary to observe that the Maintenance petition has been filed not only to claim Maintenance by Respondent No.1, but also for and on behalf of the child. It is a matter for consideration before the Ld. Judge, Family Court whether the circumstances justify grant of any Maintenance to the Respondents. The Settlement Agreement dated 25.11.2021 between the petitioner and Respondent No.2, cannot be a basis to outrightly say that the Maintenance Petition is not maintainable, especially when it includes the maintenance of the child.”

Advocate M. Sufian Siddiqui represented the Petitioners.

Case Brief

A petition was filed for the quashing of Order passed in Maintenance Petition by the Family Court. The marriage between the Parties was dissolved d by way of Talaq-e-Khula and they entered into a settlement, wherein the Wife not only affirmed that she had voluntarily consented to dissolution of marriage through Talaq-e-Khula, but also relinquished her present and future claims of maintenance, including during the iddat period.

The Wife was given a sum of Rs.33 lakhs towards full and final settlement of all past, present and future claims of alimony and maintenance of herself as well as that of the minor son. Thereafter, the Wife instituted a Maintenance Petition seeking a monthly maintenance of Rs.1,20,000/- for herself and for the upbringing of the child.

It was the contention of the Husband that the Maintenance Petition was filed to harass him, frustrate his lawful parental rights and subvert the sanctity of Settlements, thereby reducing them to empty parchment and rendering law as an instrument of futility. It was also submitted that a divorced wife may claim further maintenance only upon demonstrating a material change in circumstances subsequent to a full and final Settlement.

Court’s Observation

The question before the High Court was whether the Maintenance Petition is maintainable in the light of Settlement Agreement?

The High Court underscored that the Husband himself has asserted that such a Petition for maintenance may be filed in case of change of circumstances and the right of the child cannot be compromised and these Settlements do not impact the independent rights of the child.

“The Settlement Agreement dated 25.11.2021 between the petitioner and Respondent No.2, cannot be a basis to outrightly say that the Maintenance Petition is not maintainable, especially when it includes the maintenance of the child”, the Court said.

Furthermore, while denying the contention of the Husband that the wife voluntarily took divorce by Talaq-e-Khula, thus, she was not entitled to any maintenance under Section 125(4) Cr.P.C, the Court observed that once a wife was divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken.

Subsequently, the Court held that it cannot be overlooked that the maintenance has also been claimed for the child, which again needs to be adjudicated on the facts and circumstances of this case. Therefore, it was concluded that this was not a fit case for quashing of the Maintenance Petition.

Accordingly, the Petition was dismissed.

Cause Title: ABC V. XYZ

Appearance:

Petitioners: Advocates M. Sufian Siddiqui, Rakesh Bhugra, Alya Veronica and Mohammad Mazhar Ahmed

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