Maintenance -- Settlement Agreement -- Mutual Consent Separation Agreement is Admissible to Deny Maintenance But Irrelevant For Dissolution of Marriage
A private settlement agreement cannot dissolve a statutory marriage absent a decree or proved custom. However, such an agreement is relevant evidence to determine whether parties are living separately by mutual consent under Section 488(5) J&K CrPC. Where spouses have voluntarily agreed to live apart, acted upon the arrangement, and settled rights and liabilities, the statutory bar under Section 488(5) operates to deny maintenance. Neglect or refusal by the husband must be established for the right to maintenance to subsist notwithstanding any informal arrangement.
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