Querist :
Anonymous
(Querist) 07 July 2010
This query is : Resolved
When wife earns through her business. Does maintenance case on husband for her & children will be admitted.
Heard from SC if a earning wife or capable of earning then maintenance is not applicable. Experts please clarify
Otherwise in case of business how to show the evidence of income? where there would not be any income tax returns by her nor any registered document nor difficult to obtain opponents bank statement? What is the way out?
Devajyoti Barman
(Expert) 07 July 2010
The wife able to maintain herself is not liable to get maintenance u/s 125 crpc if her income is in proportion to the status she was under at the time of her stay with her husband. However the husband can not escape his proportionate liability to maintain the child. There are various other methods to prove her income other than the ways you have mentioned in your query. Without knowing your case fully it is not proper for me to mention those way outs.
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