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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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Chaos mars Lionel Messi’s Kolkata GOAT Tour event as fans protest poor arrangements

Lionel Messi’s brief appearance in Kolkata was overshadowed by chaos as fans alleged mismanagement, prompting an apology and an official enquiry by the state government.

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Messy event Chaos kolkata

Lionel Messi’s much-anticipated appearance in Kolkata turned chaotic on Saturday after thousands of fans alleged mismanagement at the Yuva Bharati Krirangan, leaving many unable to even see the Argentine football icon despite holding high-priced tickets

Fans express anger over limited access

The Kolkata leg of the G.O.A.T. Tour was billed as a special moment for Indian football fans, with ticket prices ranging between Rs 5,000 and Rs 25,000. However, discontent grew rapidly inside the stadium as several attendees claimed their view of Messi was obstructed by security personnel and invited guests positioned close to him.

As frustration mounted, some fans resorted to throwing chairs and bottles from the stands, forcing organisers to intervene and cut the programme short.

Event cut short amid disorder

Messi reached the venue around 11:15 am and remained there for roughly 20 minutes. He was expected to take a full lap of the stadium, but that plan was abandoned as the situation deteriorated soon after he emerged from the tunnel.

The disorder also meant that prominent personalities, including actor Shah Rukh Khan, former India cricket captain Sourav Ganguly and West Bengal Chief Minister Mamata Banerjee, could not participate in the programme as scheduled.

Organisers whisk Messi away

With fans breaching security and some vandalising canopies set up at the Salt Lake Stadium, the organisers, along with security personnel, escorted Messi out of the venue to prevent further escalation.

Several attendees described the event as poorly organised, with some fans calling it an “absolute disgrace” and blaming mismanagement for spoiling what was meant to be a celebratory occasion.

Mamata Banerjee apologises, orders enquiry

Chief Minister Mamata Banerjee later issued a public apology to Messi and the fans, expressing shock over the mismanagement. She announced the formation of an enquiry committee headed by retired Justice Ashim Kumar Ray, with senior state officials as members.

The committee has been tasked with conducting a detailed probe, fixing responsibility and suggesting steps to ensure such incidents are not repeated in the future.

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Delhi enforces new law to regulate fees in private schools

Delhi has notified a new law to regulate private school fees, capping charges, banning capitation fees and mandating transparent, committee-approved fee structures.

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Delhi School fees

The Delhi government has officially brought into force a new law aimed at regulating fees in private schools, notifying the Delhi School Education (Transparency in Fixation and Regulation of Fee) Act, 2025. The notification was issued on Wednesday, nearly four months after the Bill was cleared by the Delhi Assembly and received approval from Lieutenant Governor V K Saxena.

The Act establishes a comprehensive framework to govern how private unaided schools fix and collect fees, with a clear emphasis on transparency, accountability and relief for parents facing repeated fee hikes.

What the new Act provides for

Under the legislation, private unaided recognised schools can charge fees only under clearly defined heads such as registration, admission, tuition, annual charges and development fees. The law caps registration fees at Rs 25, admission charges at Rs 200 and caution money at Rs 500, which must be refunded with interest. Development fees have been restricted to a maximum of 10 per cent of the annual tuition fee.

Schools have also been directed to disclose all fee components in detail and maintain separate accounts for each category. Any fee not specifically permitted under the Act will be treated as an unjustified demand.

The law strictly prohibits the collection of capitation fees, whether direct or indirect. It further mandates that user-based service charges must be collected strictly on a no-profit, no-loss basis and only from students who actually use the service.

Accounting norms and restrictions on surplus funds

To ensure financial transparency, schools are required to follow prescribed accounting standards, maintain fixed asset registers and make proper provisions for employee benefits. The transfer of funds collected from students to any other legal entity, including a school’s managing society or trust, has been barred.

Any surplus generated must either be refunded to parents or adjusted against future fees, according to the notification.

Protection for students and parents

The Act also places restrictions on punitive action by schools in fee-related matters. Schools are prohibited from withholding results, striking off names or denying entry to classrooms due to unpaid or delayed fees.

The law applies uniformly to all private unaided schools in Delhi, including minority institutions and schools not built on government-allotted land.

School-level committees to approve fees

A key feature of the legislation is the mandatory formation of a School-Level Fee Regulation Committee by July 15 each year. The committee will include five parents selected through a draw of lots from the parent-teacher association, with compulsory representation of women and members from Scheduled Castes, Scheduled Tribes and socially and educationally backward classes.

A representative from the Directorate of Education will also be part of the panel, while the chairperson will be from the school management.

Schools must submit their proposed fee structure to the committee by July 31. The committee can approve or reduce the proposed fees but cannot increase them. Once finalised, the fee structure will remain fixed for three academic years.

The approved fees must be displayed prominently on the school notice board in Hindi, English and the medium of instruction, and uploaded on the school website wherever applicable.

The Delhi government had earlier described the legislation as a significant step towards curbing arbitrary fee hikes after widespread complaints from parents at the start of the academic session.

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Delhi air quality nears severe as smog blankets city, airport issues advisory

Delhi recorded very poor to severe air quality on Saturday, with dense smog affecting visibility and prompting an advisory from the city airport.

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Delhi pollution

Residents across Delhi and adjoining areas woke up to dense smog on Saturday morning, with air quality levels edging close to the ‘severe’ category in several locations

Data from the Central Pollution Control Board showed the overall Air Quality Index (AQI) at 390 at 8 am, placing it in the ‘very poor’ category. However, multiple monitoring stations in the national capital recorded AQI readings in the ‘severe’ range.

Areas reporting severe air quality included Anand Vihar (435), Ghazipur (435), Jahangirpuri (442), Rohini (436), Chandni Chowk (419), Burari Crossing (415), and RK Puram (404). The high pollution levels were accompanied by a mix of smog and shallow fog, which reduced visibility in several parts of the city during the early hours.

Smog reduces visibility, health risks rise

As per AQI classification, readings between 401 and 500 fall under the ‘severe’ category, indicating serious health risks. Officials note that prolonged exposure at such levels can trigger respiratory problems even among healthy individuals, while those with existing conditions face higher risks.

Dangerous pollution levels have become a recurring concern in Delhi during the winter months. On Friday as well, a thick haze covered the city, with the overall AQI recorded at 386 and visibility remaining poor in several localities.

Delhi airport activates low visibility procedures

Amid the deteriorating air quality, Delhi airport issued an advisory stating that low visibility procedures were in place. In a post on X, the airport confirmed that flight operations were normal at present but advised passengers to stay in touch with their respective airlines for the latest updates.

Despite some marginal improvement over recent weeks, large parts of the capital continue to remain under a blanket of toxic smog. The worsening situation has also intensified political sparring over pollution control measures in the city.

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