Wife has no right to settle in mutual consent divorce that her minor children will not claim maintenance in future

Vashno Jaishwal Vs State NCT of Delhi

Delhi HC

20/11/2020

Crl MC No. 2254 of 2020

About/from the judgment:

The High Court addressed a matter wherein the husband and wife reach a settlement and the wife agrees to a clause wherein her minor daughter would also not be liable to claim anything against the petitioners.

 

In the instant application, petitioners have been stated to be under judicial custody, Vaibhav Jaiswal was alleged under Section 376 of Penal Code, 1860 and under POCSO Act, 2012.

 

Other petitioners were alleged to have committed offences under Sections 498 A, 406 and 34 of IPC.

 

The above-stated FIR was sought to be quashed in light of a settlement arrived between the petitioners and respondent 2 and that the marriage between the petitioner 1 and respondent 2 has been dissolved.

 

Respondent 2 affirmed the factum of the settlement arrived between her and petitioner 1.

 

Bench stated that in view of the above there appears no reason to disbelieve that the statement made by respondent 2 that she has arrived at a settlement with petitioners was made of her own accord.

 

Hence, all the proceedings against the petitioners are quashed.

 

However, in regard to the settlement deed, it was observed that under clause 7 states as follows:

 

"It is agreed between the parties that the above settlement is with respect to all claims of wife past, present, future, alimony, stridhan, maintenance, executions, articles property etc. and neither she nor her relatives shall claim anything from husband or from his family members in future for herself or on behalf of Child/children."

 

Court stated that it is essential to observe that respondent 2 gave up all the rights of the minor child Vaishanvi qua the petitioners.

 

But the above could not have been done so in light of the Supreme court decision in Ganesh v. Sudhi Kumar Shrivastava, Civil Appeal Nos. 4031-4032/2019 arising out of SLP (C) Nos. 32868-32869/2018, a verdict dated 22.4.2019 adhered to by this Court in Rakesh Jain v. State, Crl. MC No. 2935 of 2019.

 

Hence, the minor child would be entitled to seek her claims against the petitioners and respondent 2 qua maintenance or otherwise in accordance with the law.

Read the Judgment

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