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Wife is entitled to maintenance even if she earns: Bombay HC

The Bombay High Court has ruled that wife is entitled to maintenance from her husband even if she earns while disposing of the application challenging the quantum of maintenance granted by a family court.

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Bombay High Court
The Bombay High Court has ruled that wife is entitled to maintenance from her husband even if she earns while disposing of the application challenging the quantum of maintenance granted by a family court.
The High Court passed this order on the revision application filed by husband against the judgment of the Family Court wherein the judge had granted payment of Rs 15,000/- per month as maintenance to wife from the date of application and amount of Rs 7,000/- as cost of litigation under section 125 of the Code of Criminal Procedure 1973 (“the Code”).
A single-judge bench of Justice N.J. Jamadar, however, noted that the Family Court didn’t consider that the wife had a source of income from Beauty Parlour business.

 

“In the totality of the circumstances and upon consideration of the relevant factors including the income of the Respondent, the number of dependents upon the Respondent, the reasonable wants of the Applicant, in my considered view a sum of Rs. 12,000/- per month would be a reasonable financial support to augment the income of the Applicant,” said Justice N.J. Jamadar.
Applicant (wife) and respondent (husband) were married on November 12, 1997. The wife claimed, since the inception of marital life, she was treated with cruelty by her husband.

In April 2007, the respondent expressed desire to obtain divorce from the applicant. The wife claimed that in order to avoid harassment at the hands of her husband, she signed the mutual divorce petition documents on the assurance of her husband that he would continue to maintain the marital relationship with her despite a paper decree of divorce.

Accordingly, a decree of divorce by mutual consent was obtained on 25th October, 2007. Despite, the decree of dissolution of marriage, the respondent continued to visit the applicant’s house. But from September 2012, the respondent stopped visiting the applicant’s house. The wife claimed that since she had no income to support her, she filed an application for award of maintenance at the rate of Rs.50,000/- per month, under section 125 of the Code.

Meanwhile, the respondent (husband), who was remarried in 2011, told the family court that applicant wife had started beauty parlour business and was financially independent, and hence she decided to forego maintenance she is entitled to under Section 125 as part of the mutual agreement before the decree of divorce was passed. He also opposed the maintenance application citing losses in business.

The learned family Judge was of the view that the fact that the Applicant had given up her claim for maintenance when the decree for divorce by mutual consent was passed, does not detract materially from her claim as such an agreement not to claim maintenance or waive the right of maintenance was opposed to public policy.
The Applicant being a wife, despite being a divorcee, within the meaning of Explanation (b) to section 125(1) of the Code, the agreement to reside separately from the Respondent does not disentitle her from claiming maintenance, held the learned Family Judge and fixed payment of Rs 15,000/- per month as maintenance to wife from the date of application.
Being aggrieved, the aforesaid reasons and findings the Respondent-husband invoked the revisional jurisdiction of the High Court. The counsel for the Respondent-husband urged that the learned Judge, Family Court committed a manifest error in arriving at a finding that the Respondent had refused or neglected to maintain the Applicant and that the Applicant was unable to maintain herself.
Amplifying the submission, the learned counsel said that the Applicant having voluntarily relinquished her right of maintenance when the decree of divorce by mutual consent was passed on 25th October 2007, was not legally entitled to turn around and seek maintenance from the Respondent.
“The fact that the Applicant resides separately from the Respondent in pursuance of the decree of divorce, even if taken at par, thus does not disentitle the Applicant, being a divorced wife, from claiming maintenance, urged the learned counsel for the Applicant. The agreement not to claim maintenance which is in teeth of the statutory provision, the object of which is to prevent vagrancy and destitution, does not operate as a bar to claim maintenance. Such an agreement, being opposed to the public policy, does not override the statutory ameliorative provisions,” urged the counsel for the Applicant.

India News

Telegram CEO Pavel Durov criticises India restriction, says leak networks shifted to other apps

Telegram founder Pavel Durov has responded to India’s temporary restriction on the platform ahead of the NEET-UG 2026 re-examination, arguing that the move affected ordinary users without stopping alleged leak networks.

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Telegram founder and CEO Pavel Durov has criticised India’s decision to temporarily restrict access to the messaging platform, arguing that the move failed to curb alleged exam leak operations and instead affected millions of legitimate users.

The restriction was imposed ahead of the NEET-UG 2026 re-examination as authorities sought to prevent the spread of leaked exam-related material and disrupt networks allegedly involved in malpractice.

In a public response, Durov said the action had inconvenienced a large number of users across India while those responsible for sharing leaked content had simply migrated to alternative platforms.

According to Durov, restricting access to Telegram did not eliminate the problem authorities were trying to address. He claimed that groups involved in distributing exam-related leaks quickly shifted their activities elsewhere, raising questions about the effectiveness of platform-specific restrictions.

The temporary curbs were announced by the government in the lead-up to the NEET-UG re-test scheduled for June 21. Officials said the move was aimed at safeguarding the integrity of the examination process following concerns about the circulation of leaked material online.

The restriction is currently expected to remain in place until June 22.

Durov also stressed that millions of Indian users rely on Telegram for communication, education, business activities and community engagement. He argued that measures targeting an entire platform can have wider consequences for users who have no connection to alleged wrongdoing.

The government’s action came amid broader efforts to prevent cheating and malpractice in competitive examinations. Authorities have been closely monitoring digital platforms and messaging services after reports that exam-related content was being circulated through online channels.

The debate has sparked discussions about how governments and technology platforms should balance examination security with access to digital communication services. While officials maintain that strong measures are necessary to protect the fairness of high-stakes examinations, critics argue that restrictions on entire platforms may not effectively stop determined offenders.

For now, Telegram remains at the centre of the discussion as authorities continue efforts to ensure a fair and secure conduct of the NEET-UG 2026 re-examination.

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Telegram restricted ahead of NEET-UG re-exam, NTA backs move to curb exam fraud

NTA has welcomed the Centre’s decision to temporarily restrict Telegram ahead of the NEET-UG 2026 re-examination, citing the need to prevent fraud and misinformation.

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NEET

The Centre has imposed temporary restrictions on messaging platform Telegram ahead of the NEET-UG 2026 re-examination, with the National Testing Agency (NTA) welcoming the decision as part of efforts to prevent exam-related fraud and misinformation.

The temporary curbs will remain in place until June 22, a day after the NEET-UG re-exam scheduled for June 21. Authorities said the action was taken following concerns that the platform was being misused by cheating networks and individuals circulating misleading claims related to the examination.

NTA says move aimed at protecting exam integrity

According to the NTA, the restrictions are intended to safeguard candidates from fraudulent activities and false information that could affect the fairness of the examination process. The agency stated that maintaining the integrity of the re-examination remains a priority as lakhs of students prepare to appear for the test.

The NEET-UG re-exam is being conducted after the original examination was cancelled amid allegations of question paper leaks and irregularities. Since then, authorities have been monitoring online platforms for suspicious activity and misleading content targeting candidates.

Restrictions linked to concerns over fake paper leak claims

In recent weeks, several reports surfaced about Telegram channels allegedly offering access to leaked examination papers. The NTA had repeatedly advised students not to trust such claims and referred suspicious links and posts for verification by cybercrime authorities. No official confirmation of any genuine leaked re-exam paper had been issued.

Authorities believe the temporary restrictions will help limit the spread of fake content and reduce opportunities for organised exam fraud in the days leading up to the re-test.

Wider efforts to secure the re-examination

The government and examination authorities have introduced several measures ahead of the re-exam, including monitoring social media platforms and creating channels for reporting suspicious claims related to NEET-UG 2026. The NTA has also urged candidates to rely only on official communications for updates regarding the examination.

With the re-examination approaching, officials say the latest action is part of a broader effort to ensure a fair and transparent process for all candidates.

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Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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