The Court was dealing with a case where a woman alleged that her husband had coerced her into signing an agreement to separate, after he allegedly engaged in an extramarital relationship.
The wife further claimed that her estranged husband had promised to maintain her and their children under the terms of the separation agreement.
According to the separation agreement, the husband was allegedly obligated to provide maintenance of ₹2,000 with an annual increment of 10 percent to his wife and children and allocate one acre of agricultural land.
However, when the husband did not adhere to these terms and conditions, the wife approached a family court with an plea for maintenance under Section 125 of the Code of Criminal Procedure (CrPC).
In May 2022, the family court dismissed this plea for maintenance after taking note of the separation agreement between the spouses. The family court opined that the two spouses were living apart by mutual consent and, hence, the wife was not entitled to claim any maintenance from her husband.
This ruling was challenged by the wife before the High Court.
Source: Barandbench
