Wife Who Voluntarily Gave Up Her Maintenance Can Claim it Later If Her Circumstances Change: Kerala High Court

The Kerala High Court ruled that a divorced wife who voluntarily gave up maintenance in a mutual-consent divorce can later claim alimony under Section 37 of the Divorce Act if her circumstances change. 

The bench clarified that statutory rights to maintenance survive mutual divorce, and waiver agreements are void against public policy.

The court further clarified that courts have inherent power to modify permanent alimony orders under changed circumstances, and minor children can also claim maintenance under the Act.

The case has been remitted to the Family Court for fresh consideration based on evidence of need and ability to pay.