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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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6 years ago

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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.

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BJP-led Mahayuti surges ahead in BMC polls as Thackerays lose Mumbai stronghold

The BJP-led alliance has taken a strong lead in the BMC elections, signalling a major political shift in Mumbai as counting continues across Maharashtra.

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3 hours ago

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January 16, 2026

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shinde and fadnavis

The BJP-led alliance is heading towards a decisive victory in the Brihanmumbai Municipal Corporation (BMC) elections, dealing a major blow to the Thackeray cousins’ long-standing control over Mumbai’s civic administration. Early trends from the ongoing vote count show the ruling alliance opening a clear lead in the country’s richest municipal body.

With results still being tallied, the BJP-led bloc is ahead in 115 wards of the BMC. Of these, the BJP is leading in 86 wards, while Chief Minister Eknath Shinde’s Shiv Sena has an edge in 29 wards.

In contrast, the Thackeray cousins appear to be struggling to retain their grip on the civic body they once dominated for decades. Together, they are leading in 77 wards, with Uddhav Thackeray’s Shiv Sena (UBT) ahead in 71 wards and Raj Thackeray’s Maharashtra Navnirman Sena (MNS) leading in six.

High-stakes election after nine-year gap

The BMC elections were held after a nine-year gap, following a four-year delay, making the contest one of the most closely watched civic polls in Maharashtra. Over 1,700 candidates were in the fray for 227 seats in Mumbai alone. The BMC’s annual budget exceeds Rs 74,400 crore, underscoring the political and financial significance of the results.

In the 2017 elections, the undivided Shiv Sena, which then included Eknath Shinde, had retained control of the BMC, continuing its decades-long dominance.

BJP ahead across Maharashtra civic bodies

The BJP’s strong showing is not limited to Mumbai. Across 29 municipal corporations in Maharashtra, early trends indicate that the party is leading overall. Combined figures show the BJP ahead in 909 wards, while its ally, the Shinde-led Shiv Sena, is leading in 237 wards.

In the party-wise standings, the Congress is placed third with leads in 179 seats, largely from Bhiwandi-Nizampur, Nagpur and Kolhapur. The Shiv Sena (UBT) follows with 118 seats, closely trailed by Ajit Pawar’s NCP, which is leading in 112 wards.

Pune also tilts towards BJP

Pune has emerged as another key battleground, especially as rival factions of the Nationalist Congress Party, led by Ajit Pawar and Sharad Pawar, joined hands for the civic polls. Despite the alliance, the BJP is leading in 52 seats in Pune, while the combined NCP factions are ahead in seven seats.

Large-scale polling across the state

Polling for 2,869 seats across 893 wards in the 29 civic bodies was held on Thursday. Around 3.48 crore voters were eligible to cast their ballots, deciding the political fate of 15,931 candidates, including those contesting in Mumbai.

Besides Mumbai and Pune, counting is underway in several other municipal corporations, including Navi Mumbai, Thane, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Vasai-Virar, Mira-Bhayandar, Solapur, Kolhapur and Aurangabad, among others.

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International Bihar and Purvanchal Festival to be held in Sydney on March 22

Praveen Kumar reiterated, “The land of Bihar produces gold. Such a region cannot remain poor. What is needed is collective effort, work in the right direction, and the creation of opportunities for the people.”

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4 hours ago

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January 16, 2026

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With the objective of providing a new global direction to development, investment, and opportunities in Bihar and the Purvanchal region, the International Bihar and Purvanchal Festival will be organised on March 22, 2026, in Sydney, Australia. This was announced by Praveen Kumar, the chief organiser of the event, during a press conference held in Patna on January 15.

Praveen Kumar said several prominent personalities from India and abroad, along with representatives from industry, policymakers, and members of the Indian diaspora, will participate in the Sydney event.

On this platform, the vision of a “Developed Bihar and Purvanchal” will be formally launched, and a concrete roadmap for Bihar’s overall development will be deliberated upon. He said the festival is not merely a cultural event but a global platform to mobilise international cooperation, investment, and policy-level support for Bihar.

“We will extend support at every level for the development of Bihar and Purvanchal and create opportunities that enable better utilisation of local talent and resources,” Praveen Kumar said.

Referring to his earlier remarks made during a podcast, Praveen Kumar reiterated, “The land of Bihar produces gold. Such a region cannot remain poor. What is needed is collective effort, work in the right direction, and the creation of opportunities for the people.”

It was also informed during the press conference that the Sydney event will feature special sessions on investment, education, skill development, culture, and diaspora engagement for Bihar. The objective is to highlight that Bihar is not only rich in potential but also capable of providing leadership on the global stage.

According to the organisers, the festival will prove to be a significant step towards giving Bihar a new international identity.

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PM Modi urges people to read Tirukkural on Thiruvalluvar Day

Prime Minister Narendra Modi on Thiruvalluvar Day appealed to people to read the Tirukkural, calling it a reflection of the humane and harmonious ideals of Tamil philosopher-poet Thiruvalluvar.

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9 hours ago

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January 16, 2026

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pm modi

Prime Minister Narendra Modi on Friday urged people across the country to read the Tirukkural, highlighting its enduring relevance and the intellectual legacy of Tamil philosopher-poet Thiruvalluvar.

Marking Thiruvalluvar Day, which coincides with the Pongal celebrations every year, the prime minister paid tribute to the revered scholar, describing him as a symbol of harmony, compassion and Tamil cultural excellence.

In a message shared on social media platform X, Modi said Thiruvalluvar’s works and ideals continue to inspire countless people even today. He noted that the philosopher envisioned a society rooted in compassion and balance.

The prime minister encouraged citizens to engage with the Tirukkural, a classical Tamil text that deals with various aspects of human life, ethics and governance, calling it a window into the profound intellect of Thiruvalluvar.

Thiruvalluvar Day is observed annually to honour the philosopher-poet, whose literary contributions remain central to Tamil culture and thought.

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