Can wife surrender her right to maintenance?

Shivendra Pratap Singh


High Court Lucknow


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Advised on 30 Jan, 2023

Yes, a wife can surrender her right to maintenance in a divorce settlement agreement or in a court order. This can be done voluntarily by mutual agreement with her husband, and the agreement must be made in writing and approved by a court. It is important to note that a wife cannot be forced to surrender her right to maintenance, and the court must be satisfied that the agreement is made freely and voluntarily, and is in the best interests of the wife. It is advisable to seek legal advice to ensure that the agreement is legally binding and enforceable.