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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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4 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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Landslide hits Arunachal Pradesh, highway linking Indo-China border affected

Arunachal Pradesh Chief Minister Pema Khandu said that instructions have been given for the restoration of connectivity at the earliest

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31 mins ago

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April 25, 2024

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Arunachal Pradesh got hit by a massive landslide on Thursday, which destroyed a section of a roadway connecting the border with China. Additionally, it is the only path that links the district of Dibhang Valley with the rest of India.

Based on initial reports, there has been extensive road damage along the Roing Anini Highway between Hunli and Anini.

Arunachal Pradesh Chief Minister Pema Khandu expressed concern over the incident.

Taking to social media X, formerly Twitter, he tweeted, he is disturbed to hear that the massive damage to the highway between Hunli and Anini is causing commuters’ inconvenience. Since this road links Dibang Valley to the rest of the country, instructions have been sent out to restore connectivity as soon as possible.

The incident occurred as a result of the nonstop rain. The district government announced that the Roing Anini highway restoration project would require at least three days to inhabitants of Dibhang Valley.

Videos showed a section of the roadway was missing, making it hard for vehicles to cross throughout and creating problems for the security services and the people, who saw the highway as a lifeline in this difficult area.

In order to fix the damaged sections of the highway, the National Highways and Infrastructure Development Corporation Limited (NHIDCL) has mobilized resources. There is no shortage of food or other necessities at the moment.

All residents of Dibang Valley are notified that on April 24, 2024, an important portion of NH 313 connecting Anini to Roing washed away due to persistent rain in the district. It is estimated that restoration will take at least three (three days). Therefore, until the road is repaired and the rain returns to normal, all worries are advised, the statement said.

Meanwhile, Arunachal Pradesh’s West Kameng region was recently rocked by an earthquake of magnitude 3.0 on April 20, according to data from the National Centre for Seismology (NCS). The epicentre was located five kilometers below sea level at latitude 27.39 and longitude 92.68.

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Tamannaah Bhatia summoned in illegal IPL streaming app case, to appear before cyber cell on April 29

Actor Tamannaah Bhatia has been summoned for allegedly promoting the viewing of the IPL matches on the Fairplay betting app.

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1 hour ago

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April 25, 2024

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Actor Tamannaah Bhatia has been summoned by the Maharashtra Cyber Wing to appear for questioning for the illegal streaming of the 2023 Indian Premier League on Fairplay App, a sister app of the Mahadev betting app.

On April 29, the actor is scheduled to appear before the Cyber Cell for interrogation.

In the same case, rapper and singer Badshah was questioned earlier. In addition, actor Sanjay Dutt was also summoned in the same case this week on Tuesday, but he has requested an extension of time to appear before the department.

Even though the Fairplay app lacked official broadcasting rights, all of these actors and singers encouraged users to watch the Indian Premier League, which cost official broadcasters a lot of money.

An FIR was filed in September of last year in response to a complaint made by Viacom18, the company that owns the intellectual property rights (IPR) for streaming Indian Premier League games. According to the complaint, Viacom18 lost over Rs 100 crore as a result of the betting app Fair Play platform illegally streaming IPL matches on their platform.

Many celebrities, including Badshah, Sanjay Dutt, and Jacqueline Fernandez, were summoned for questioning after the filing of the FIR. An employee of the betting app was taken into custody in December of 2023.

A platform for betting exchange, FairPlay provides a large selection of sports and entertainment betting for leisure players.

The most popular sport on FairPlay, according to the app’s website, is tennis, football, and cricket.

According to the website, FairPlay streams every sporting event live so that users can watch and win at the same time.

Actors Ranbir Kapoor and Shraddha Kapoor, who had starred in advertisements for the Mahadev betting app, made news last year when the Enforcement Directorate (ED) called them in for interrogation.

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2024 Lok Sabha Elections

Mallikarjun Kharge vows to continue politics till his last breath to defeat BJP

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore.

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17 hours ago

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April 24, 2024

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Congress President M Mallikarjun Kharge on Wednesday appealed to the people of Kalaburagi to at least attend his funeral if they thought he worked for them even though they do not wish to vote for Congress in the ongoing Lok Sabha elections.

The 81-year-old Congress leader was speaking at a election rally in Afzalpur and said that if the people did not vote for the Congress candidate, he would think that he did not have any place in Kalaburagi anymore. The Congress President sought an emotional chord with the people of his home district of Kalaburagi, Karnataka

The grand old party has fielded Kharge’s son-in-law Radhakrishna Doddamani from Kalaburagi, against BJP’s sitting MP Umesh Jadhav. Kharge had won the Lok Sabha elections from Kalaburagi in 2009 and 2014, but lost in 2019. He appealed to the voters to vote for Congress but at least come to his funeral if they thought that he had done some work in Kalaburagi. Kharge added that he would continue in politics till his last breath to defeat the BJP and RSS ideology.

The Congress leader said he is born for politics and whether or not he contests the election, he will continue to strive till his last breath to save the Constitution and democracy of the country. He asserted that he will not retire from politics. Kharge said that retirement happens from a position but one should not retire from his/her principles. He said he is born to defeat the ideology of the BJP and RSS and not to surrender before them.

He advised Karnataka Chief Minister Siddaramaiah, who shared the stage with him, to follow his principles. He said he had told Siddaramaiah many times that he may retire as CM or MLA, but he cannot retire from politics till he defeats the ideology of the BJP and RSS.

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