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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.

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Thick smog engulfs Delhi, flights and trains delayed as air quality slips to very poor

Delhi remained under a thick smog cover as air quality dipped into the very poor category, causing delays in flights and train services due to low visibility.

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A dense blanket of smog covered Delhi on Saturday morning, pushing air quality into the ‘very poor’ category and disrupting flight and train operations across the national capital and adjoining areas. Reduced visibility due to smog led to delays in air and rail traffic, while authorities warned that pollution levels could worsen further in the coming days.

The Air Quality Index (AQI) in Delhi was recorded at 380, placing it in the ‘very poor’ bracket. Visuals from Bhairav Marg near Pragati Maidan showed motorists using headlights during early hours, as visibility remained low. At around 7 am, the AQI at this location stood at 433.

Nearly half of Delhi’s air quality monitoring stations reported ‘severe’ pollution levels. Anand Vihar recorded an AQI of 428 with PM2.5 as the dominant pollutant, while Jahangirpuri reported an AQI of 425.

Transport services hit by low visibility

Flight operations at Delhi airport were impacted due to low visibility conditions. The airport issued an advisory asking passengers to check with their respective airlines for updated flight information, as low visibility procedures were in place. Runway visibility was reported to be between 800 and 1,200 metres.

Live flight tracking data showed multiple flights running behind schedule. One airline also warned passengers about possible disruptions at several airports in northern and eastern India, including Delhi, due to dense fog conditions. Travellers were advised to verify flight status before heading to the airport, with options offered on select flights to reschedule or seek refunds without additional charges.

Rail services were also affected, with more than 30 trains running late by an average of three to four hours. Some long-distance trains reported delays of over six to eight hours, causing inconvenience to passengers travelling to and from the capital.

Air quality likely to worsen

The weather department had earlier forecast dense to very dense fog at isolated places over Delhi and several parts of north and central India. According to the Air Quality Early Warning System for Delhi, pollution levels are expected to remain in the ‘very poor’ category on Saturday and may slip into the ‘severe’ category on Sunday and Monday. In view of the deteriorating conditions, an ‘orange’ alert has been issued for Saturday.

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PM Modi inaugurates India’s first nature-themed airport terminal in Assam

Prime Minister Narendra Modi inaugurates the new nature-themed terminal at Guwahati airport, the largest in Northeast India, built around bamboo, orchids and regional heritage.

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Prime Minister Narendra Modi is set to inaugurate the new terminal building of Lokapriya Gopinath Bordoloi International (LGBI) Airport in Guwahati today, marking a major milestone for aviation infrastructure in the Northeast. Built at an estimated cost of around Rs 4,000 crore, the facility is being projected as the largest airport terminal in the region and a key boost to connectivity, tourism and economic activity in Assam.

The Prime Minister is scheduled to arrive in Guwahati around 3 pm as part of his two-day visit to the state.

Northeast’s largest airport terminal takes shape in Guwahati

The newly constructed terminal is nearly seven times larger than the existing one and has been designed to cater to the region’s rapidly growing air traffic. Once fully operational, it is expected to handle up to 13.1 million passengers annually by 2032.

Officials said the terminal is planned as a regional connectivity hub, with a focus on strengthening air links between India and Southeast Asia. The airport will be capable of handling up to 34 air traffic movements per hour, the highest capacity among airports in the Northeast. The facility will also be equipped with one of the most advanced Instrument Landing Systems to support safer and more efficient operations.

Nature-inspired design rooted in Assam’s identity

What sets the Guwahati terminal apart is its distinctive nature-themed architecture. Conceptualised under the theme “Bamboo Orchids”, it is being described as India’s first airport terminal inspired entirely by natural and cultural elements.

The interiors draw from the landscapes of Northeast India, with design elements reflecting indigenous orchids, locally known as Kopou Phool, and the flow of the Brahmaputra river. The terminal incorporates more than 2,000 species of plants, includes a dedicated zone inspired by Kaziranga National Park, and features artefacts representing Majuli Island.

A key architectural highlight is the expansive bamboo vault, created using around 140 metric tonnes of locally sourced bamboo. The space has been envisioned as a multifunctional cultural centre aimed at encouraging community interaction and showcasing the region’s heritage. Design elements such as japi motifs, the iconic rhino symbol and 57 orchid-inspired columns further reinforce the cultural narrative.

Arriving passengers will also experience a unique “Sky Forest”, featuring nearly one lakh plants of indigenous species, designed to create an immersive forest-like ambience within the terminal.

Focus on digital integration and passenger convenience

Spread over nearly 1.4 lakh square metres, the integrated new terminal has been designed to handle around 1.3 crore passengers annually. It is supported by significant upgrades to the runway, airfield systems, aprons and taxiways.

The terminal places strong emphasis on digital integration, with 14 entry points, including four DigiYatra gates, aimed at easing passenger movement. Facilities such as full-body scanners for non-intrusive security checks, automated baggage handling systems, fast-track immigration and AI-driven airport operations have been incorporated to ensure smoother travel experiences.

Other engagements during PM Modi’s Assam visit

During his two-day stay, the Prime Minister will also lay foundation stones for multiple development projects and address public gatherings. He is scheduled to visit the Swahid Smarak Kshetra to pay tribute to the martyrs of the historic Assam Movement.

Later in the day, PM Modi will perform the bhoomipujan for a new brownfield Ammonia-Urea Fertiliser Project at Namrup in Dibrugarh district, within the existing premises of the Brahmaputra Valley Fertiliser Corporation Limited.

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Assam train accident: Eight elephants killed after Rajdhani Express derailment in Hojai

Eight elephants were killed after the Rajdhani Express collided with a herd in Assam’s Hojai district, causing multiple coaches to derail and disrupting train services.

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At least eight elephants were killed and a calf was injured after a herd collided with the Sairang–New Delhi Rajdhani Express in Assam’s Hojai district, leading to the derailment of the locomotive and five coaches early Saturday. Railway officials confirmed that no passengers were injured in the incident.

Forest department officials said the collision occurred when the New Delhi-bound Rajdhani Express struck a herd of elephants on the tracks. The impact caused multiple coaches to derail, disrupting rail traffic on the busy route connecting the Northeast with the national capital.

Train services hit, passengers shifted to other coaches

Following the derailment, rail movement towards Upper Assam and other parts of the Northeast was affected due to damaged coaches and elephant remains scattered on the tracks. Accident relief trains and senior railway officials rushed to the site to restore services.

Passengers travelling in the affected coaches were temporarily accommodated in vacant berths in other coaches of the same train. Officials said that once the train reaches Guwahati, additional coaches will be attached to ensure all passengers can continue their journey.

Collision occurred outside designated elephant corridor

According to officials, the accident took place at a location that is not marked as a designated elephant corridor. The loco pilot reportedly applied emergency brakes after spotting the herd on the tracks, but the elephants ran into the train, resulting in the collision and derailment.

Forest authorities confirmed that eight elephants died on the spot, while one injured calf was rescued. Local residents said the herd consisted of around eight elephants at the time of the accident.

Elephant deaths in train accidents remain a concern

The incident comes amid continued concerns over wildlife deaths on railway tracks. Data shared by the Environment Ministry in Parliament earlier showed that at least 79 elephants have died in train collisions across India over the past five years, based on reports from states and Union Territories.

The ministry has said that several preventive steps are being taken in coordination with the Railways, including speed restrictions in elephant habitats, use of sensor-based detection systems, and construction of underpasses, ramps and fencing at vulnerable locations. Guidelines and capacity-building programmes have also been introduced to reduce human-animal conflict along railway lines.

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