On the recent Supreme Court Judgement Justice Indu Malhotra and Justice Uday Umesh Lalit ordered that mother do not has the power to give up daughters rights, especially the rights during mutual divorce.The court observed that “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 insofar as maintenance and other issues are concerned.”
This was done by the bench by invoking the power of Article 142 of Indian Constitution.The court also observed that “If the parties had arrived at a settlement and decided to withdraw the cases filed by each of the parties against the other, the compromise ought to be effectuated in complete sense.”
In the judgement they also mentioned that “ Before we part with, we must also express our reservation insofar as Term No.6 is concerned, which was incorporated in the order on 08.11.2017 by the Principal Judge, Family Court, Aurangabad. 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
insofar as maintenance and other issues are concerned. We, therefore, exercising our powers under Article 142 of the
Constitution of India, set-aside Clause (6) of the Consent Terms.
Rest of the order stands unaltered and ought to be given effect to.”
Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc ( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itselfIn that judgement judgesalso mentioned that “The law on the point is well-settled by the decision of this Court in Gian Singh v. State of Punjab & Another, (2012) 10 SCC Leaving aside the technicalities, we therefore deem it appropriate to quash the proceedings which were initiated at the instance of the respondent-wife i.e. FIR No.148 of 2015 dated 04.09.2015 registered with Police Station Pathri District Parbhani. “
LEGALFLAME 