Wife Who Gave Up Maintenance Right During Mutual Divorce Not Barred From Seeking It Due To Change Of Circumstance: Kerala High Court

The Kerala High Court has affirmed that a Family Court has the power to modify or even rescind an order for permanent alimony granted under the Divorce Act, 1869. The court clarified that either party—the husband or the wife—can approach the court for a modification if there is a significant change in their circumstances after the divorce decree has been passed. The ruling emphasizes that an order for permanent alimony is not immutable and can be revisited to ensure justice based on the prevailing situation of the parties. This could include a change in the financial status of either spouse. This interpretation brings the Divorce Act in line with similar provisions in other personal laws like the Hindu Marriage Act, ensuring that orders for spousal support remain fair and equitable over time.