Kerala High Court: Wife’s Right to Maintenance Cannot Be Waived by Agreement

The Kerala High Court has ruled that a wife’s statutory right to maintenance under the Protection of Women from Domestic Violence Act, 2005, cannot be waived through private agreements.

The court dismissed a husband's plea challenging an interim maintenance order of ₹30,000 per month, despite his claim of a notarised waiver signed by his ex-wife.

The Court emphasized that such waivers are invalid and against public policy, reaffirming that maintenance rights survive even after divorce.

The husband's allegations regarding the wife's income were rejected, and the Court upheld the lower courts' decisions granting interim maintenance.