Being fed up with each other’s quarrelling nature, both husband and wife entered into an agreement… After six months the husband refuses to pay the amount. Can the wife enforce the agreement?

Question: Being fed up with each other’s quarrelling nature, both husband and wife entered into an agreement in which the wife agrees to live separately from her husband permanently and the husband agrees to pay her a monthly maintenance allowance of Rs. 1,000/-.

After six months the husband refuses to pay the amount. Can the wife enforce the agreement against her husband in a court of law? [U.P.H.J.S. 2012]

Find the answer to the mains question only on Legal Bites. [Being fed up with each other’s quarrelling nature, both husband and wife entered into an agreement… After six months the husband refuses to pay the amount. Can the wife enforce the agreement?]

Answer

Section 125 of the Criminal Procedure Code provides the wife’s right to maintenance if they are living separately and the wife is not capable of maintaining herself. Under The CrPC., the following can claim and get maintenance-

(1) Wife from her husband.

(2) Legitimate or illegitimate minor child from his father.

(3) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself.

(4) His father or mother from his son or daughter.

Section 10 of the Indian Contract Act runs as under – “All agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void.”

Hence, an agreement between husband and wife of maintenance is for lawful purposes when they have decided to live separately. This agreement is a contract enforceable in the Court of Law. If the husband, after such contract refuses to give maintenance in accordance with the provisions of the contract, the wife can bring suit against her husband for the performance of the contract entered into by both of them.

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