
Even if a woman agrees to waive her right to claim maintenance from her husband, her right to demand it under the Code of Criminal Procedure (CrPC) remains, the Bombay High Court has held.
In a judgement last week, Justice M S Sonak observed that section 125 of the CrPC, which provides for maintenance to wife, was enacted in public interest.
The HC was hearing a petition filed by a resident of Sangli in Maharashtra, challenging a lower court’s order to pay maintenance to his estranged wife under the CrPC.
As per the petition, the couple filed a joint plea before a Lok Adalat in 2012, seeking that their marriage be dissolved. They also signed a ‘consent decree’ giving up their right to claim maintenance from each other.
A year later, the wife initiated proceedings under the Hindu Marriage Act and the CrPC, claiming that the husband had obtained her consent for the decree “fraudulently”, and demanded a monthly maintenance from him.
After the magistrate and the sessions court upheld the wife’s plea, the petitioner moved the HC, arguing that the wife had earlier voluntarily waived her right to maintenance.
Justice Sonak said in the ruling that maintenance under the CrPC is a matter of public policy, and a private consent deed cannot be allowed to override a public policy enacted for the larger good.
“Giving effect to an agreement, which overrides the provision of the law…would amount to not only giving recognition to something that is opposed to public policy but it would also amount to the negation of such policy,” the HC held.
Consent decrees are nothing but private contracts, and if their terms are opposed to the public policy, then such terms are void, the judge said while dismissing the petition.


Permanent loyalty to a party can not be taken for granted in politics, disgruntled BJP leader Eknath Khadse has said.
Shiv Sena youth wing chief Aditya Thackeray has demanded that major cities in Maharashtra should allow hotels and entertainment establishments to remain open “24X7” on the coming New Year’s eve.
The Bombay High Court has taken suo motu (on its own) notice of an incident where a sessions court judge was allegedly assaulted by an assistant public prosecutor on the court premises.
With a great joy, we hereby announce that Afternoon Voice’s Editor-in-Chief, Vaidehi Taman, has been awarded with the Best Editor (Print) by the Newspapers Association Of India (NAI). She will be receiving the award at the 26th Annual Conference and National Achievement Awards that will be held on December 28, at 3pm. The event is presented by NAI and supported by the Government of Uttarakhand at the New Delhi Municipal Council (NDMC) Convention Centre and will be graced by the presence of Chief Guests Arjun Ram Meghwal – Union Minister of State in Ministry of Water Resources, River Development and Ganga Rejuvenation and Parliamentary Affairs, Parshottam Khodabhai Rupala – Union Minister of Panchayati Raj, Agriculture and Farmer’s Welfare and Ajay Tamta – Minister of State for Textiles. The Guest of Honour includes HE Radu Dobre – Ambassador of Romania to India, Sandeep Marwah – President of Marwah Studios and the Chairman of the Asian Education Group, Rana Yashwant – Managing Editor of India News and Abhigyan Prakash – Senior Journalist of NDTV. Other awardees include India News Haryana (Best Regional News Channel), ABP News (Best News Channel), Rashid Hashmi of FM News (Best Editor Electronic), Manjeet Negi of Aaj Tak (Best TV Journalist) and many others.
Cheteshwar Pujara produced yet another classy hundred and stitched a 170-run stand with captain Virat Kohli (82) to put India in command against Australia on the second day of the third Test here Thursday.