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True Colors of a Vile Wife

Tag: Against Public Policy

Ramchandra Laxman Kamble Vs Shobha Ramchandra Kamble and Anr on 21 Dec 2018

Posted on May 29, 2022 by ShadesOfKnife

A single judge bench of Bombay High Court held that if/when the wife gives up or relinquishes her right to claim maintenance at any time in the future through an agreement, such agreement is not enforceable since such an agreement is opposed to public policy.

Submissions from Paras 7-8,

7. Mr. Chavan submits that irrespective of pending Miscellaneous Application No.229 of 2012, and the so called consent decree, any agreement for waiver to receive maintenance is void, since, it is opposed to public policy. He submits that there can be no agreement in derogation of the provisions of Section 125 of Cr.P.C., since, such provisions have been designed as a matter of public policy to protect against destitution and vagrancy.
8. Mr. Chavan relies upon several decisions to point out that even assuming that right to claim maintenance was voluntarily given up by the wife, that by itself does not bar the wife from seeking maintenance, provided the circumstances prescribed in Section 125 of Cr.P.C. stands fulfilled. For these reasons, Mr. Chavan submits that there is absolutely no error in the impugned orders and this petition may, therefore, be dismissed.

From Paras 12-13,

12. The consent decrees made by the courts are in effect of nothing but contracts with the seal of the court super-added to them. Accordingly, if the term of the contract is itself opposed to public policy then, such term, is void and unenforceable. If the term is severable then, only the term can be declared as void. If the term is not severable, then, perhaps, the entire contract may fall.
13. There are several rulings, which take the view that an agreement, in which the wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy and, therefore, such an agreement, even if voluntarily entered, is not enforceable. The two courts in the present case have basically relied upon such rulings and held that even if it is assumed that the parties had voluntarily agreed to give up their time to claim maintenance from each other, such agreement is opposed to public policy and, therefore, the same is not enforceable, or the same does not bar the maintainability of an application under Section 125 of Cr.P.C. There is no jurisdictional error in the view taken by these two courts so as to warrant interference under Article 227 of the Constitution of India.

Ramchandra Laxman Kamble Vs Shobha Ramchandra Kamble and Anr on 21 Dec 2018

Citations : [2018 SCC ONLINE BOM 7039], [2019 HLR 1 404]

Other Sources :

https://indiankanoon.org/doc/54396962/

https://www.casemine.com/judgement/in/5c23adc49eff4309994e4f52

https://www.myrights.in/2020/07/ramchandra-laxman-kamble-vs-shobha.html

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Against Public Policy Catena of Landmark Judgments Referred/Cited to Ramchandra Laxman Kamble Vs Shobha Ramchandra Kamble and Anr | Leave a comment

Agreements against Public Policy are Void

Posted on May 29, 2022 by ShadesOfKnife

A small collections of Judgments which state that, All/any agreements against Public Policy are Void.

  1. Bai Tahira A Vs Ali Hussain Fissalli Chothia and Anr on 06 Oct 1978
  2. f
  3. R.Rambilas Vs Anita and Anr on 16 Mar 2009
  4. f
  5. Ramchandra Laxman Kamble Vs Shobha Ramchandra Kamble and Anr on 21 Dec 2018
  6. Bulbuli Saikia Vs Jadav Saikia on 17 May 2022
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Against Public Policy Agreements against Public Policy are Void | Leave a comment

Bai Tahira A Vs Ali Hussain Fissalli Chothia and Anr on 06 Oct 1978

Posted on May 29, 2022 by ShadesOfKnife

A full bench of Apex Court held that, a statutory right created as a projection of public policy can not be negated by a contract.

The last defence, based on mehar payment, merits more serious attention. The contractual limb of the contention must easily fail. The consent decree of 1962 resolved all disputes and settled all claims then available But here is a new statutory right created as a projection of public policy by the Code of 1973, which could not have been in the contemplation of the parties when in 1962, they entered into a contract to adjust their then mutual rights. No settlement of claims which does not have the special statutory right of the divorcee under s. 125 can operate to negate that claim.

Bai Tahira A Vs Ali Hussain Fissalli Chothia and Anr on 06 Oct 1978

Citations : [1979 SCC CRI 473], [1979 SCR 2 75], [1979 AIR SC 362], [1979 MPLJ SC 132], [1979 CRLJ SC 151], [1979 SCC 2 316]

Other Sources :

https://indiankanoon.org/doc/359354/

https://www.casemine.com/judgement/in/575fd27f607dba63d7e69d57


Index is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Against Public Policy Bai Tahira A Vs Ali Hussain Fissalli Chothia and Anr CrPC 125 - Order for Maintenance of Wives Children and Parents Landmark Case | Leave a comment

Bulbuli Saikia Vs Jadav Saikia on 17 May 2022

Posted on May 29, 2022 by ShadesOfKnife

Single Judge bench of Gauhati High Court held, any agreement which is against public policy is void.

From Para 18,

18. In Ranjit Kaur (Supra), the Division Bench of Punjab and Haryana High Court held that maintenance is a statutory right, which the legislature has framed irrespective of nationality, cast or creed of the parties. The statutory liability under Section 125 is, therefore, distinct from the liability under any other law. Therefore, the statutory right of a wife of a maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. Such an agreement in addition to it being against public policy would also be against the clear intendment of this provision. Therefore, giving effect to an agreement, which overrides this provision of law, that is, Section 125 of Cr.P.C. would tantamount to not only giving recognition to something, which is opposed to public policy, but would also amount to negation of it. The law makes a clear distinction between a void and illegal agreement and void but legal agreement. It has also been held that an agreement by which the wife waived her right to claim maintenance would be a void agreement as against public policy.

Bulbuli Saikia Vs Jadav Saikia on 17 May 2022

Index is here.

Posted in High Court of Gauhati Judgment or Order or Notification | Tagged 1-Judge Bench Decision Against Public Policy Bulbuli Saikia Vs Jadav Saikia | Leave a comment

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Posted on April 13, 2021 by ShadesOfKnife

Taking input from Kerala HC judgment here, Gujarat High Court held that, any agreement which has terms against to Public Policy, is void and not enforceable in law. Such agreements which prohibit right of maintenance are also void.

From Para 9,

9 In any case, all such issues are now well settled by few decisions of different Courts

[1] Rajesh R Nair v. Meera Babu reported in 2013 Cri. L.J. 3153, wherein Division Bench of Kerala High Court has held that waiver of right to maintenance by an agreement is not permissible because such agreement would be void agreement as against public policy. It would amount to ousting of jurisdiction of Magistrate and Family Court to entertain maintenance claim which cannot be permitted by law. Therefore, such agreement being void would be unenforceable and hence claim for maintenance cannot be rejected on the basis of such agreement of waiver of right to maintenance.
[2] In Rishikesh Singh alias T.R. Singh v. Kiran Gautam reported in 2015 Cri.L.J. 126, Chhattisgarh High Court has confirmed that decree of divorce obtained by mutual consent would be no ground to deny maintenance until wife has not remarried after divorce. It is further held that even if wife is junior advocate, it cannot be held that she is able to maintain herself and, therefore, she would be entitled for the maintenance.
[3] Smt. Vanamala v. H.M. Ranganatha Bhatta reported in [1995] 5 SCC 299, wherein the Hon’ble Supreme Court has also taken the same view that wife, who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125[4] and thereby restored the order of the Sessions Court, which has concluded that wife was entitled to maintenance notwithstanding divorce by mutual consent and remanded the matter to the trial Court for determining quantum of maintenance. Thereby, the Hon’ble Supreme Court has set aside the order of the High Court which held that wife is not entitled to maintenance once she has divorced her marriage by mutual consent. It would be appropriate to recollect here that for coming to such conclusion, the Hon’ble Supreme Court has relied upon as many as three other decisions of different High Courts, which are quoted in such reported case and approved by the Hon’ble Supreme Court. Therefore, as on date, there are at least as many as five judgments including judgment of the Hon’ble Supreme Court, which confirm that a wife who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125 [4] of the Cr. P.C.

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Citations : [2016 SCC ONLINE GUJ 9136], [2017 AIC 172 524]

Other Sources:

https://mynation.net/docs/1095-2011/

https://www.casemine.com/judgement/in/5ac5e33e4a93261a1a744803

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Against Public Policy Catena of Landmark Judgments Referred/Cited to CrPC 125(4) - No Maintenance or Interim To Adulterer or Deserter Wife Reportable Judgement or Order Varshaben Himantlal Vejani Vs State of Gujarat | Leave a comment

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