Choice or Coercion: Understanding the Dynamics of Maintenance Waiver by Wives
Keywords:
Maintenance, waiver, women, wives, rightsAbstract
It is a highly complex legal issue where a decision to waive maintenance rights by wives is closely tied to gender equality, financial independence, and marital rights. This paper analyzes the legal and social dimensions of the waiver of maintenance rights by wives in India whether entered into voluntarily or by force. By studying comprehensively case law, statutory provisions, and scholarly literature, the purpose of this paper is to provide insights into the legal complexities and ethical considerations that are related to spouses’ waiver of maintenance rights. Recent judicial interpretations and legislative frameworks are explored to assess their impact on the rights and protections of women.
References
Beena v. Shino G. Babu, 2017 SCC Online Ker 12212. Available at https://indiankanoon.org
Bombay High Court. Shabana Bano v. Imran Khan, 2010 (1) Bom CR 498. 2010. Available at https://indiankanoon.org
Bharatiya Nagarik Suraksha Sanhita, 2023. Section 144. Provision for maintenance of spouses, children, and parents. Ministry of Law and Justice, Government of India. Available at https://legislative.gov.in
Hindu Adoption and Maintenance Act, 1956. Ministry of Law and Justice, Government of India. Available at https://legislative.gov.in
Muslim Women (Protection of Rights on Divorce) Act, 1986. Ministry of Law and Justice, Government of India. Available at https://legislative.gov.in
Gaurav Mehta v. Anamika Chopra,2024 (2) HLR 408 (ALL.)
