In a significant judgment, the Allahabad High Court has ruled that a wife who relinquishes all her rights, including alimony, at the time of a consensual divorce, cannot later demand maintenance from her former husband. This verdict comes as the court overturned an order by the Gautam Budh Nagar Family Court, which had previously granted the wife a monthly alimony of Rs. 25,000.
The case, which drew the court’s attention, involved a couple, Gaurav Mehta and Anamika Chopra, who got married on February 27, 2004, and had a child named Abhimanyu. Following disputes, they filed for divorce by mutual consent at the Tis Hazari Court in New Delhi on June 16, 2006. During the proceedings, the wife stated that she would not seek any future alimony from her husband. The divorce was finalized on August 20, 2007, and they had been living separately since then.
The wife later filed an application under Section 125 on behalf of their son in the Gautam Budh Nagar Family Court, which awarded a monthly maintenance of Rs. 15,000 for the child. Subsequently, she also filed for a 25% alimony from her former husband’s income for herself, in addition to a plea for Rs. 50,000 in interim maintenance.
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The Family Court, acknowledging her request, deemed her entitled to a monthly maintenance of Rs. 25,000. The husband challenged the validity of this order, citing that his ex-wife had forfeited all her rights at the time of their divorce. Upholding the husband’s appeal, the High Court remarked that the Family Court erred in its judgment and annulled the order granting the wife interim maintenance.
Justice Vipin Chandra Dixit, who presided over the matter, underscored that the wife had unequivocally relinquished all her future rights against her husband by consenting to the divorce, thus nullifying her claim to any subsequent alimony.
