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manu (advocate)     19 August 2008

family law

dear sirs/mams

wife has approached court for maintenance u/s 125 of crpc.she was living seperately for 6 years from her husband on mutual consent. after 6 long years now the case is filed. at this stage husband has produced an agreement wherein wife has consented to live separately and she has also stated that she will not claim for any maintenance from her husband in future. there r 2 children born out of wedlock.

my queries are

is that agreement binding on children??

is that agreement valid as it takes away the right of wife to approach the court of law???

is the said agreement is against to public policy or morality???

how the interest of the wife can be protected in this case???

any rulings in favour of wife, which says that thoough wife was living seperatly on mutual consent she s entitled to claim maintenance/????



Learning

 7 Replies

Guest (n/a)     19 August 2008

In my openion, the wife can approach the court for maintenence, since any agreement in restraint of legal proceedings is void under indian contract act.

SANJAY DIXIT (Advocate)     19 August 2008

First tell me whether wife has received any consideration or alimony for forfeiting her right for maintenance in said agreement.


If No, then she will be eligible for maintenance for herself as well as children.

Srinivas.B.S.S.T ( Advocate)     19 August 2008

A wife who denies to join her husband without proper reason is not entitled for maintenance

Mohit Attri (lawyer)     19 August 2008

Yes,dear manu wife can claim maintnce.but u have to prove that the circumstance of her earning money has been changed now.even aftr mutual consent the wife is ntitled to claim mntnce.

Bhupendra Kumar (Legal)     19 August 2008

(1) Agreement is not binding upon the children


(2) Agreement is void so far as it relates to prohibition or restrainment to approach the court


(3) Agreement is not against the public policy or against the morality as circumstances in which the agreement has been executed are not clear.


(4)Wife can approach the law courts for redressal and matter shall be adjudicated by the regular courts or family courts as the case may be.


(5) Not known

manu (advocate)     22 August 2008

thank u sirs for quick response

Adv.Shine Thomas (Advocate)     23 August 2008

(a) The agreement is not binding on children.


(b)The agreement is invalid.Wife can proceed u/s 125 CrPC


(c) u/s 23 of the Indian Contract Act the agreement is treated as unlawful and void.


(d) Wife can sue for maintenance under s.125 CrPC.


(e) Sadasivan Pillai vs.Vijayakumary (1987 KLT 381). 


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