Question

In which of the following cases was it held that "the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract to the contrary..."?

• A. Surenderabal Vs Suppiah
• B. Mukesh teli Vs Bharti Teli
• C. Sesi Ammal Vs Thaiyu Ammal
• D. Laxmi Vs Krishna

Hint:

The case of {Sesi Ammal v. Thaiyu Ammal} establishes that the court's power to modify maintenance under Section 25 of HAMA is a statutory right that overrides any private agreement. Parties cannot contract out of this legal provision.

Answer 1

The Correct Option is C

Section 25 of the Hindu Adoptions and Maintenance Act, 1956, gives the court the power to alter the amount of maintenance awarded, whether fixed by a decree of court or by an agreement, if there is a material change in circumstances. The question of whether this statutory right overrides a prior agreement was decided by the Supreme Court in the case of Sesi Ammal v. Thaiyu Ammal. The court held that the right to claim alteration of the maintenance amount under Section 25 is a statutory right, and it cannot be taken away or defeated by any private agreement to the contrary. The statute supersedes the contract.