The Supreme Court, while considering an appeal, noticed one of the terms agreed between the couple taking Divorce with Mutual Consent. The term read – The applicant Wife has released the right of monthly maintenance to the daughter with the non-applicant (Husband).

The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra has observed that a mother cannot give up the rights which vest in the daughter in so far as maintenance and other issues are concerned, during divorce by mutual consent. The bench then invoked its power under Article 142 of the Constitution of India to set-aside the said Clause.

The court, in this regard, expressed its reservation and observed – “It was certainly open to the wife to give up any claim so far as maintenance or permanent alimony or stridhan but she could not have given up the rights which vest in the daughter in so far as maintenance and other issues are concerned.”