Whether divorced wife who has voluntarily surrendered right to claim maintenaince can claim maintenaince u/s 127 of CRPC on proof of change in circumstances?

Under Section 127 of the Code, even though a divorced women had voluntarily surrendered to claim maintenance from her divorced husband on proof of change in the circumstances, she can maintain a petition under Section 127 of the Code, and as long as the divorced wife has not been remarried and or not living in adultery, husband cannot shirk from his responsibility to maintain a divorced wife. Section 127 can be pressed into service only for cancellation of maintenance ordered in favour of a wife under Section 125 if she had voluntarily surrendered her right to claim maintenance from the divorced husband while obtaining a divorce. But the same cannot be made applicable to a divorced woman who is claiming maintenance considering the changed circumstances in her life.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR, NAGPUR.

CRIMINAL APPLICATION NO. 1588 /2010

 Dr. Shahid Rizwan Khan 

v e r s u s

 Dr. Smt. Masoor 

CORAM: A.P.BHANGALE , J.

DATE OF PRONOUNCEMENT: 7/7/ 2011

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