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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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Delhi air pollution: GRAP 3 invoked in capital, construction halted

The construction work, except the projects needed for national security, healthcare, and certain public infrastructure work, will be banned.

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To prevent further deterioration of air quality in the national capital region, the Commission for Air Quality Management (CAQM) on Thursday decided to invoke Stage III of the GRAP in Delhi NCR with effect from 8:OO am on November 15 in addition to all actions under Stage I and II.

According to the statement released by CAQM, the Government of National Capital Territory of Delhi (GNCTD) will not permit BS-III and below diesel-operated LCVs (goods carriers) registered outside Delhi, to enter Delhi, except those carrying essential commodities providing essential services.

The construction work, except the projects needed for national security, healthcare, and certain public infrastructure work, will be banned.

The GRAP III measures to mitigate the effects of air pollution in Delhi NCR include intensifying the frequency of mechanised sweeping of roads, daily water sprinkling along with dust suppressants, before peak traffic hours, on roads and right of ways including hotspots, heavy traffic corridors and proper disposal of the collected dust in designated sites/ landfills.

All demolition works, earthwork for excavation and filling including boring and drilling works, and any transportation of demolition waste are banned with the implementation of GRAP III measures to fight air pollution.

With the implementation of Stage 3, the Government of National Capital Territory of Delhi may decide on discontinuing physical classes in schools for children up to Class V and conducting classes in an online mode following the implementation of the  GRAP III.

Earlier in the day, Delhi Environment Minister Gopal Rai said the third phase of the Graded Response Action (GRAP 3) will not be imposed for now. He said that for the first time, the Air Quality Index has gone above 400 in Delhi.

Pointing out the reason behind severe category air quality after poor and very poor AQI since October 14, the Environment Minister said that meteorologists have reported that due to snowfall in the mountains, a drop in the temperature of Delhi has been recorded. Owing to this, dry conditions have been created in the morning and evening in the entirety of North India, he said. 

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In Maharashtra, Congress chief Kharge says PM Modi’s ideologues worship Gandhi’s murderer Godse

“Hey… Modiji, your people praise and worship Godse, the murderer of Mahatma Gandhi, and you say bad things about Congress?” Kharge said.

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Retorting sharply on Prime Minister Narendra Modi after he accused the grand old party of spreading lies, Congress president Mallikarjun Kharge on Thursday said Modi’s ideologues praise and worship Godse, the murderer of Mahatma Gandhi.

Addressing a rally in Maharashtra’s Igatpuri, Kharge said Modi accuses the Congress of lying, which has sacrificed for the independence of the country and led the country on the path of development.

He said PM Modi who used to talk about a Congress-free India, about crossing 400 marks in Lok Sabha elections, now even to stand his government he needed two legs – Andhra Pradesh Chief Minister and TDP chief Chandrababu Naidu, and Bihar Chief Minister and J(D)U head Nitish Kumar.

“Hey… Modiji, your people praise and worship Godse, the murderer of Mahatma Gandhi, and you say bad things about Congress?” Kharge said.

He accused BJP of recovering the money from the public it spent to form the Mahayuti government in Maharashtra. “This government could not do anything for the poor for whom it had promised to work. All BJP leaders including Narendra Modi and Amit Shah lie. Therefore, the people of Maharashtra have decided that this time they will form the Maha Vikas Aghadi government here.”

On BJP’s accusition of the guarantees of the Congress government a lie, Kharge said his party is fulfilling its promises everywhere.

Underlining the numbers of promises made by PM Modi including black money, 15 lakh rupees in everyone’s account, 2 crore jobs every year and farmers’ double income, the Congress chief said nothing was done, which means all the promises of Modi were nothing but a lie.

Addressing a press conference in Pune, Kharge said: “What are they going to give to Pune, what will they give to the farmers of the state, the discussion should be on that. The discussion in the elections should be on work. But the BJP government has no focus on controlling inflation, providing employment and investment.”

Kharge alleged that the investment coming to Maharashtra is being shifted to other states, which is not right. “On this, I believe that the projects that should go to Maharashtra should be given here and the projects that are meant for Gujarat should go to them.”

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Madhya Pradesh post-poll violence: Dalit village set on fire, BJP, Congress blame each other

Jitu Patwari, Congress state president and BJP state president VD Sharma sat on a dharna near the ECI’s office in Bhopal, accusing each other’s party of fake voting and booth capturing.

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Madhya Pradesh post-poll violence: Dalit village set on fire, BJP, Congress blame each other

In an horrifying incident following the byelection in Vijaypur Assembly seat in Madhya Pradesh, some people reportedly set fire to a Dalit village. The incident took place in Gohta village after voting concluded late on Wednesday.

Reports said that the accused created a ruckus in the village, pelted stones and vandalised properties. Several terrified villagers took shelter at a local police station. It is alleged that despite the severity of the situation, the police have not taken any action against the perpetrators of the crime.

However, Vijaypur police station in-charge Pappu Singh Yadav asserted that police teams reached the spot and brought the situation under control. The Police station-in-charge added that violence occurred following conflict between two groups. Reportedly, the byelection in the aforesaid constituency was conducted amid mild violence, protests and allegations of booth capturing on Wednesday.

Following the ruckus between two groups, nearly three people were injured in the Veerpur area in Vijaypur. The fight broke out over the denial of voting rights. The candidates of both ruling and Opposition (BJP’s Ramniwas Rawat and Congress’ nominee Mukesh Malhotra) for Vijapur by-polls were put up at a guest house during the election owing to security reasons.

The chaos in Vijaypur unfolded two days before the byelections when a group of criminals opened fire at villagers, injuring three residents. Additionally, few back-to-back incidents of violence sparked outrage and calls for immediate intervention to ascertain justice and security for the affected families.

The byelections in this constituency under the Morena Lok Sabha constituency of Gwalior-Chambal region were necessitated after sitting Congress MLA Ramniwas Rawat resigned from the party and state Assembly. Later, he joined the ruling BJP and was elevated as state forest minister in Chief Minister Mohan Yadav’s Cabinet. On Wednesday, Vijaypur recorded 75 per cent voter turnout.

The tussle between BJP and Congress workers began with the start of the voting, and continued till the end. Furthermore, Jitu Patwari, Congress state president and BJP state president VD Sharma sat on a dharna near the ECI’s office in Bhopal, accusing each other’s party of fake voting and booth capturing.

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