Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court

Telangana High Court Grants Maintenance to Wife and Daughter, Rejects Alleged Settlement Deed

07 May 2024 8:19 AM

By: Admin


In a judgment by the Telangana High Court, Justice M.G. Priyadarsini granted maintenance to a wife and her daughter while rejecting the validity of an alleged settlement deed presented by the husband. The case, involving a claim under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956, has drawn attention due to its implications for spousal support and the enforceability of matrimonial agreements.

In the case of G. Kavitha and Another v. G. Madhusudhan Rao, the wife, represented by counsel Sri B. Nalinkumar, filed a suit seeking past and future maintenance against her husband. The trial court had previously rejected the wife's claim based on an alleged matrimonial settlement deed executed between the parties. However, the High Court found that the husband failed to prove the existence of the settlement deed, and the wife vehemently denied its validity.

Justice M.G. Priyadarsini emphasized that the mere en-cashing of a cheque by the wife did not disentitle her from claiming maintenance. The court held that an agreement in which a wife relinquishes her right to receive maintenance in the future is contrary to public policy and unenforceable. Therefore, the trial court's reliance on the alleged settlement deed as a basis for denying the wife's claim was deemed unjustified.

Considering the wife's inability to maintain herself and the husband's failure to prove unemployment, Justice M.G. Priyadarsini ruled in favor of the wife and daughter. The court granted the wife maintenance at the rate of Rs.10,000 per month and increased the maintenance awarded to the daughter to Rs.5,000 per month. The maintenance was ordered to be paid from the date of filing the suit.

This judgment aligns with previous decisions that have upheld a wife's entitlement to maintenance when she is unable to support herself. The court's stance reinforces the principle that agreements relinquishing future maintenance rights are unenforceable and contrary to public policy.

Decided on: 14.07.2022

Kavitha and Another vs Madhusudhan Rao 

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/06/G-Kavitha-Telangana-HC-.pdf"]

Latest Legal News