Wife can Relinquish her Claim of Maintenance/Stridhan but not Daughter’s Right to Maintenance-Supreme Court

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May 03, 2019

Case name: Ganesh v. Sudhirkumar Shrivastava & ors.

In the present matter, the parties had entered into divorce through mutual consent. One of the terms of the settlement between the parties was that the applicant i.e. the mother has released the right of monthly maintenance to the daughter with the non-applicant i.e. father. The applicant has fully accepted responsibility for the child’s livelihood, education and health.

The Supreme Court though accepted the terms of settlement, it expressed its reservation with reference to the aforesaid term. The Court stated that 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. 

Taking the aforesaid view, the Apex Court while exercising it’s powers under Article 142 of the Constitution of India, set-aside the impugned clause of the Consent Terms.

The entire case can be accessed here.

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