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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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Amit Shah praises Dharmendra Pradhan’s resignation, says Nation above post

Amit Shah hailed Dharmendra Pradhan’s resignation as Union Education Minister, saying BJP places the nation and students above any position while highlighting the government’s commitment to examination reforms.

Published

22 hours ago

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July 26, 2026

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Amit Shah

Union Home Minister Amit Shah on Saturday praised Dharmendra Pradhan’s decision to step down as Union Education Minister, saying the move reflected the Bharatiya Janata Party’s commitment to placing the nation and students above any political position.

In a post on X, Shah said that for BJP workers, the country, its youth and students are more important than any office. He described Pradhan’s resignation as an example of the party’s guiding principle of prioritising national interest over personal ambition.

Shah highlights government’s focus on exam reforms

Amit Shah said the Narendra Modi-led government respects the sentiments of students and remains committed to strengthening the examination system following concerns over alleged paper leaks.

He said the Centre has introduced strict measures to ensure severe punishment for those involved in examination paper leaks and expressed confidence that these steps would deliver justice to students who cleared the National Eligibility-cum-Entrance Test (NEET).

Praises Pradhan’s work as Education Minister

Recalling Dharmendra Pradhan’s tenure, Shah highlighted several initiatives undertaken during his time in the Education Ministry. He credited Pradhan with helping implement the National Education Policy (NEP), expanding PM SHRI schools, promoting digital education, strengthening skill development and improving coordination between industry and academic institutions.

Shah also said Pradhan worked towards making examinations more inclusive and student-centric, adding that his tenure reflected his commitment to the vision of a developed India.

Resignation follows NEET controversy

Dharmendra Pradhan’s resignation comes amid nationwide protests over alleged irregularities in the NEET examination and growing demands for accountability.

The resignation has triggered political reactions across party lines. While opposition parties have described the development as a result of sustained student protests, BJP leaders have projected it as an example of accountability and commitment to national interest.

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Assam flood death toll rises to 66, over 6.5 lakh people still affected

Assam’s flood situation improved slightly on Saturday, but more than 6.54 lakh people remain affected in six districts. Four fresh deaths have pushed the state’s flood toll to 66.

Published

23 hours ago

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July 26, 2026

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Assam floods

The flood situation in Assam showed marginal improvement on Saturday, though the disaster continued to impact more than 6.54 lakh people across six districts. Four more deaths were reported during the day, taking the total number of fatalities in this year’s floods to 66.

According to the Assam State Disaster Management Authority (ASDMA), three of the latest deaths were reported from Sivasagar district, while one person lost their life in Charaideo.

The number of affected people declined from over 7.05 lakh across nine districts on Friday to 6,54,800 across six districts on Saturday, indicating a gradual improvement in the overall situation.

Sivasagar remains the worst-hit district

Among the affected districts, Sivasagar continues to be the worst hit, with nearly 2.9 lakh people impacted by the floods. Charaideo follows with around 1.9 lakh affected residents, while more than 1.3 lakh people remain affected in Jorhat.

The other districts still facing flood-related challenges are Dibrugarh, Golaghat and Nagaon.

Relief operations continue across affected areas

The ASDMA said the state administration is operating 274 relief camps and aid distribution centres across the affected districts. Around 18,902 displaced people are currently taking shelter at these facilities.

The latest daily bulletin also stated that floodwaters have inundated 810 villages across the state, while 34,970.8 hectares of agricultural land have suffered damage.

Rivers flowing above danger level

The floods have also damaged embankments, roads, bridges and other public infrastructure in several areas.

Authorities said the Dikhou River in Sivasagar and the Dhansiri River at Numaligarh are flowing above the danger level, and officials continue to closely monitor the situation.

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UP Government forms new SIT led by 3 IPS officers to probe Ayodhya Ram Temple donation theft

The Uttar Pradesh government has formed a new SIT led by three IPS officers to investigate the alleged Ram Temple donation theft case in Ayodhya following Supreme Court directions.

Published

23 hours ago

on

July 26, 2026

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Ram Mandir

The Uttar Pradesh government has reconstituted a Special Investigation Team (SIT) headed by IG Kiran S, with DIG Somen Verma and SSP Dr Gaurav Grover as members, to investigate the alleged theft of donations meant for the Ram Temple in Ayodhya. 

The move comes after directions from the Supreme Court, which sought a reconstituted investigation team to ensure an independent and comprehensive probe into the allegations.

The newly formed SIT is expected to continue the investigation and submit a status report before the Supreme Court on July 27.

Senior IPS officers to lead the probe

According to the state government, the investigation will now be supervised by senior IPS officers.  The revamped SIT has been tasked with examining all aspects of the alleged embezzlement of temple donations and carrying the investigation forward.

The Supreme Court had observed that criminal investigations and technical examination of theft-related cases are more effectively handled by experienced police officers, leading to the reconstitution of the SIT under senior IPS leadership.

Probe to continue under court supervision

The case relates to the alleged embezzlement of offerings (chadhava) donated by devotees at the Shri Ram Janmabhoomi Temple in Ayodhya.

The Supreme Court is monitoring the investigation and will review the SIT’s status report at the next hearing.

Authorities are expected to continue examining evidence collected during the earlier stages of the investigation as the newly constituted SIT proceeds with the case.

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