A husband was directed to pay maintenance to his wife and his minor son under section 125 of the Criminal Procedure Code. Subsequently the matter was settled outside Court on a lump-sum payment made by husband to the wife. Approximately after nine years of the agreement, the wife moved an application for the enforcement of the maintenance order. Which of the following statements will apply to the case?

A) The long delay of nine years will cause the application to be rejected B) Mutual settlement outside the Court has rendered the order as void, as such the application will be rejected C) The wife has wavered her right to maintenance and as such the application will be rejected D) The waiver in derogation of a statutory right cannot be recognised by the Court, as such the application will be accepted

Answer & Solution

Correct Answer: Option D

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