In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.
Justice Sonak observed: “The statutory liability under Section 125 is, therefore, distinct from the liability under any other law. Therefore, the statutory right of a wife of a maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. Such an agreement in addition to it being against public policy would also be against the clear intendment of this provision. Therefore, giving effect to an agreement, which overrides this provision of law, that is, Section 125 of CrPC would tantamount to not only giving recognition to something, which is opposed to public policy, but would also amount to negation of it. The law makes a clear distinction between a void and illegal agreement and void but legal agreement.”
Ramchandra Laxman Kamble vs. Shobha Ramchandra Kamble And Anr.
Criminal Appellate Jurisdiction
Writ Petition No 3439 of 2016