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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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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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PM Modi marks Operation Sindoor anniversary, calls it India’s firm stand against terrorism

PM Modi said Operation Sindoor showcased India’s firm response against terrorism while paying tribute to the armed forces on the operation’s first anniversary.

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2 hours ago

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May 7, 2026

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PM Modi

Prime Minister Narendra Modi on Thursday said Operation Sindoor demonstrated India’s firm response against terrorism and highlighted the country’s commitment to national security.

Marking one year of the operation, the Prime Minister praised the courage, precision and professionalism of the Indian armed forces. He said the military action was carried out in response to the Pahalgam terror attack that had claimed the lives of 26 civilians in 2025.

Operation Sindoor was launched on May 7, 2025, as a calibrated tri-services operation targeting terror infrastructure linked to cross-border terrorism. Reports said the operation showcased coordinated action by the armed forces and was seen as a major counter-terror response by India.

On the anniversary of the operation, PM Modi also changed the display pictures across his social media platforms, including X, Facebook, Instagram and WhatsApp. The image carried the text “Operation Sindoor” along with the Indian tricolour design.

The Indian Air Force also shared visuals and messages recalling the operation and highlighting India’s military response. A video released by the force described the operation as a strong message against terrorism and referred to the precision strikes carried out during the mission.

Operation Sindoor was launched following the Pahalgam terror attack, after which India carried out strikes on terror camps in Pakistan and Pakistan-occupied Kashmir, according to official statements and reports published at the time.

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Vijay meets Tamil Nadu Governor again as TVK pushes to prove majority

TVK chief Vijay held another meeting with Tamil Nadu Governor Rajendra Vishwanath Arlekar as the party intensified efforts to secure majority support after emerging as the single-largest party in the Assembly elections.

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2 hours ago

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May 7, 2026

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Actor vijay

Actor-turned-politician Vijay met Tamil Nadu Governor Rajendra Vishwanath Arlekar again on Thursday as his party, Tamilaga Vettri Kazhagam (TVK), continued efforts to prove it has enough support to form the next government in the state.

TVK emerged as the single-largest party in the 234-member Tamil Nadu Assembly after winning 108 seats, but it remains short of the majority mark of 118.

The Congress has extended support to TVK, adding five MLAs to Vijay’s side. However, the alliance still needs additional backing from other parties or independents to comfortably cross the halfway mark.

According to reports, the Governor has not yet been fully convinced that TVK currently has the required numbers to form a stable government. This has delayed clarity over the swearing-in ceremony and the formal invitation to form the government.

Political activity intensified after reports emerged that some AIADMK legislators were moved to a resort in Puducherry amid speculation over possible support to TVK. AIADMK leaders, however, publicly denied any internal crisis.

TVK sources have expressed confidence that the party will be able to demonstrate majority support during discussions with the Governor.

The Tamil Nadu election results marked a major political shift in the state, with TVK breaking the long-standing dominance of the DMK and AIADMK in its first Assembly election contest.

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PM Modi changes social media profile pictures to mark Operation Sindoor anniversary

PM Modi changed his social media profile pictures to commemorate one year of Operation Sindoor, with several NDA leaders following the move.

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2 hours ago

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May 7, 2026

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PM Modi speech

Prime Minister Narendra Modi on Thursday updated the display pictures of his social media accounts to mark the first anniversary of Operation Sindoor. The new image was seen across his profiles on X, Facebook, Instagram and WhatsApp channels.

The updated profile picture carries the text “Operation Sindoor” on a black background along with elements of the Indian tricolour. One of the letters in the word “Sindoor” has been stylised using vermilion, commonly associated with married Hindu women.

Operation Sindoor was launched a year ago by Indian defence forces and the Border Security Force along the western border. The anniversary was also marked by several Union ministers and NDA leaders, who changed their social media profile pictures in a similar manner.

External Affairs Minister S. Jaishankar and other senior leaders were among those who adopted the commemorative display image on social media platforms, according to reports.

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