In a significant ruling on interim maintenance claims, the Karnataka High Court held that a wife's explicit waiver of maintenance in mutual divorce proceedings estops her from subsequently claiming interim maintenance under Section 144(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The judgment clarifies the binding nature of such waivers while reaffirming the independent right of a minor child to maintenance.
Background & Facts
The Dispute
The case arises from matrimonial discord between the petitioner, Ravikumar, and his wife, Jayalakshmi. The parties had previously initiated mutual consent divorce proceedings in M.C.No.35/2023 before the Family Court, Hassan, where the respondent-wife expressly agreed not to claim any maintenance from the petitioner. Despite this agreement, the wife subsequently filed an application under Section 144(2) of the BNSS seeking interim maintenance of Rs. 20,000 per month for herself and their minor daughter, Druthi.
Key Facts
- The parties were married and have a minor daughter, Druthi, aged 9 years
- Mutual consent divorce proceedings (M.C.No.35/2023) were initiated, wherein the wife agreed to waive all maintenance claims
- 18.02.2026: Family Court allowed the wife's application under Section 144(2) BNSS, granting interim maintenance of Rs. 5,000 per month to both the wife and the minor child from the date of filing
- The petitioner contends he is engaged in coolie work with limited income and had already handed over relevant documents and furniture to the wife during mutual divorce proceedings
- The wife’s waiver of maintenance was recorded in the mutual divorce proceedings
Procedural History
- M.C.No.35/2023: Mutual consent divorce proceedings initiated before the Family Court, Hassan
- I.A.No.2 in O.S.No.174/2025: Wife filed application under Section 144(2) BNSS seeking interim maintenance of Rs. 20,000 per month
- 18.02.2026: Family Court allowed the application, granting Rs. 5,000 per month to both wife and minor child
- RPFC No. 82 of 2026: Present revision petition filed by the husband challenging the Family Court’s order
Relief Sought
The petitioner seeks modification of the Family Court’s order to exclude interim maintenance for the wife, relying on her waiver in the mutual divorce proceedings, while continuing the Rs. 5,000 per month maintenance for the minor child.
The Legal Issue
The central question before the Court was whether a wife’s waiver of maintenance in mutual divorce proceedings precludes her from subsequently claiming interim maintenance under Section 144(2) of the BNSS, and if so, whether such a waiver affects the minor child’s independent right to maintenance.
Arguments Presented
For the Petitioner
- The petitioner relied on the terms of the mutual divorce proceedings (M.C.No.35/2023), wherein the wife expressly waived her right to maintenance
- It was contended that the Family Court failed to consider this waiver, which estops the wife from claiming interim maintenance
- The petitioner argued that he has limited income, being engaged in coolie work, and cannot afford the maintenance awarded
- The petitioner sought modification of the order to exclude maintenance for the wife while retaining it for the minor child
For the Respondents
- The respondents likely argued that the waiver in mutual divorce proceedings does not bar a subsequent claim for interim maintenance, as such claims are independent and based on the wife’s current financial needs
- It was presumably contended that the minor child’s right to maintenance is absolute and cannot be waived by the mother
The Court's Analysis
The Court examined the terms of the mutual divorce proceedings and held that the wife’s explicit waiver of maintenance estops her from claiming interim maintenance under Section 144(2) BNSS. The Court observed:
"This Court has perused the terms and conditions entered between the parties at the time of taking mutual divorce. In the said proceedings the respondent-wife clearly stated that she will not claim any maintenance from the petitioner. Therefore, this Court finds it just and reasonable to modify the order of the Family Court to an extent that petitioner No.1 (wife) is not entitled to interim maintenance."
However, the Court reaffirmed that the minor child’s right to maintenance is independent and not affected by the mother’s waiver. The Court held that the minor child remains entitled to interim maintenance of Rs. 5,000 per month from the date of filing of the application till the disposal of the main petition.
The Verdict
The Court allowed the revision petition in part, modifying the Family Court’s order dated 18.02.2026. The wife’s claim for interim maintenance was dismissed on account of her waiver in the mutual divorce proceedings. However, the minor child’s entitlement to interim maintenance of Rs. 5,000 per month from the date of filing of the application was upheld.
What This Means For Similar Cases
Waiver in Mutual Divorce Proceedings Is Binding
- Practitioners must advise clients that waivers of maintenance in mutual divorce proceedings are legally binding and can estop subsequent claims under Section 144(2) BNSS
- Courts are likely to uphold such waivers unless there is evidence of coercion, fraud, or misrepresentation
- Parties should carefully consider the long-term implications of waiving maintenance, as such waivers may preclude future claims even in changed circumstances
Minor Child’s Right to Maintenance Remains Absolute
- The minor child’s right to maintenance is independent and cannot be waived by either parent
- Courts will continue to prioritize the welfare of the child, ensuring that maintenance claims for minors are not affected by parental agreements
- Practitioners should emphasize the minor’s independent entitlement in cases where the custodial parent has waived their own maintenance rights
Procedural Compliance in Maintenance Claims
- Applicants seeking interim maintenance must disclose any prior waivers or agreements that may affect their claim
- Courts may scrutinize the financial circumstances of the parties, including income sources and prior settlements, before granting interim relief
- Failure to disclose relevant agreements (such as waivers in mutual divorce proceedings) may result in dismissal of the maintenance claim
