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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.

Published

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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Delhi air quality plunges to severe as thick smog blankets the capital

Delhi’s air quality deteriorated sharply with AQI entering the ‘severe’ zone across several areas, prompting enforcement of GRAP stage-IV measures.

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35 mins ago

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December 23, 2025

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Delhi's air quality

Delhi woke up to hazardous air conditions on Tuesday as dense smog covered large parts of the national capital, pushing the Air Quality Index (AQI) into the ‘severe’ category across several locations. Poor visibility and rising health concerns marked yet another spell of extreme pollution in the city.

Data from the Central Pollution Control Board (CPCB) showed the overall AQI in Delhi touching 413 in the morning, placing it firmly in the ‘severe’ bracket. Several areas across the National Capital Region (NCR) reported alarming pollution levels, indicating a widespread deterioration in air quality.

Pollution hotspots report hazardous readings

Some of Delhi’s major pollution hotspots recorded extremely high AQI levels. Anand Vihar topped the list with an AQI of 466, followed by Ashok Vihar at 444 and Chandni Chowk at 425. These areas remained in the ‘severe’ category, posing serious health risks, especially for children, the elderly and those with respiratory conditions.

Even central parts of the city were not spared. India Gate, Kartavya Path and the Rashtrapati Bhavan area were shrouded in toxic smog, with AQI levels around 384, categorised as ‘very poor’.

GRAP stage-IV measures enforced across Delhi-NCR

In response to the worsening situation, the Commission for Air Quality Management (CAQM) enforced all actions under GRAP Stage-IV across Delhi-NCR. As part of these emergency measures, truck-mounted water sprinklers were deployed to suppress dust and reduce particulate matter in the air.

As per AQI standards, readings between 401 and 500 fall under the ‘severe’ category, while levels above 300 are considered ‘very poor’, highlighting the seriousness of the current conditions.

Delhi government reviews pollution control steps

The Delhi government has reiterated its commitment to tackling rising pollution levels with strict enforcement measures. Chief Minister Rekha Gupta stated that a zero-tolerance policy will be followed against all sources contributing to air pollution in the capital.

A high-level review meeting was held at the Delhi Secretariat to assess existing measures and take further decisions. The meeting focused on enforcing Pollution Under Control (PUC) norms without any relaxation, exploring pooled and shared electric bus services across Delhi-NCR, issuing fresh guidelines for e-rickshaws, and rationalising Delhi Transport Corporation (DTC) bus routes.

Senior officials from the Environment and Transport Departments, the Delhi Pollution Control Committee (DPCC), Public Works Department (PWD) and Delhi Traffic Police, along with Environment Minister Manjinder Singh Sirsa, attended the meeting to finalise immediate and long-term steps to address the pollution crisis.

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Rahul Gandhi alleges institutional bias, questions electoral system during Berlin address

Rahul Gandhi alleged that India’s institutions and electoral system have been weaponised to favour the BJP, remarks that sparked a strong political response.

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1 hour ago

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December 23, 2025

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Rahul-Gandhi

Leader of the Opposition in the Lok Sabha, Rahul Gandhi, has said that India’s institutional framework is facing a serious challenge and has been used to favour the ruling BJP. Speaking during an interaction at the Hertie School in Berlin, Gandhi questioned the functioning of key institutions and the electoral machinery, remarks that triggered a sharp political response from the BJP.

Gandhi said the Congress believes there is a problem with the electoral system and alleged that several institutions have been captured. Referring to investigative agencies, he claimed that bodies such as the CBI and the ED have been used as political tools. According to him, cases filed by these agencies overwhelmingly target those opposing the BJP, while leaders from the ruling party face none.

He also pointed to what he described as a stark financial imbalance between the BJP and the opposition, claiming a funding ratio of 30:1. Gandhi said this disparity reflects how institutions are being used to consolidate political power.

Opposition strategy and INDIA alliance

The Congress leader said merely pointing out problems in elections is not enough and stressed the need for the opposition to build a system of resistance that can effectively counter the ruling party. He added that the challenge now goes beyond electoral contests and is about presenting an alternative vision for the country.

On the INDIA alliance, Gandhi said the unity among opposition parties is rooted in their rejection of the ideological position of the RSS. While acknowledging that tactical contests between alliance partners will continue, he said they remain united when it comes to opposing laws they disagree with and working together in Parliament.

BJP hits back at remarks abroad

Gandhi’s comments delivered overseas drew a strong reaction from the BJP. Party president and Union minister JP Nadda accused him of speaking against India while Parliament is in session and claimed that he was undermining the country’s image at a time when the Prime Minister is receiving global recognition.

BJP spokesperson Shehzad Poonawalla also criticised Gandhi, alleging that he routinely travels abroad to defame India. He accused the Congress leader of making misleading claims about the country’s institutions and economic activity while praising China.

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DU VC Prof Yogesh Singh entrusted with additional charge of AICTE Chairman

Published

18 hours ago

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December 22, 2025

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Prof. Yogesh Singh, Vice Chancellor of the University of Delhi, has been entrusted with the additional charge of the post of Chairman, AICTE till the appointment of a Chairman of AICTE or until further orders, whichever is earlier.

It is noteworthy that AICTE Chairman Prof. TG Sitharam was relieved of his duties after his term ended on December 20, 2025. According to a letter issued by the Ministry of Education, Government of India, on Monday, Prof. Yogesh Singh’s appointment is until the appointment of a regular AICTE Chairman or until further orders whichever is earlier.

Prof. Yogesh Singh is a renowned academician with excellent administrative capabilities, who has been the Vice-Chancellor of University of Delhi since October 2021. He has also served as the Chairperson of the National Council for Teacher Education. In August 2023, he was also given the additional charge of Director of the School of Planning and Architecture (SPA).

Prof. Yogesh Singh served as the Vice-Chancellor of Delhi Technological University from 2015 to 2021; Director of Netaji Subhas Institute of Technology, Delhi from 2014 to 2017, and before that, he was the Vice-Chancellor of Maharaja Sayajirao University, Baroda (Gujarat) from 2011 to 2014. He holds a Ph.D. in Computer Engineering from the National Institute of Technology, Kurukshetra. He has a distinguished track record in quality teaching, innovation, and research in the field of software engineering.

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