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Wife's claim for maintenance if she has forfeited her rights before


05-May-2023 (In Family Law)
Is a Hindu wife entitled to maintenance when the separate living is by agreement between the husband and wife and the wife forfeits her claim for maintenance under such agreement
Answers (3)

Answer #1
925 votes
It depends where that agreement was executed. If it was made before a court then she can not claim it again, but if that agreement was made outside of court in some pressure or something like that then she can
Answer #2
942 votes
A Hindu wife is entitled maintenance under various law like domestic violence Act, Hindu Marriage Act, CrPC Sec 125 it depends upon your agreement which one you have waived and secondly in change of circumstances you can approach the court for the maintenance. So we need to see your agreement before deciding upon the question of any bar on your seeking maintenance from your husband
Answer #3
800 votes
Hi, if the agreement between you and your wife was done in a mediation centre in any of the court complex and the terms of the agreement are not violated by you at any stage then she cannot claim maintenance but if it is a notarized agreement then first check whether the stamp on the agreement is actually from the authorized notary or not. Hope this helps.

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