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Maintenance of earning wife

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.
Raj Kumar Makkad (Expert) 07 July 2010
I do agree with barman.
G. ARAVINTHAN (Expert) 08 July 2010
maintaining children is a different issue.

But maintaining a wife who is earning and capable of getting all her needs by herself, is not necessary.

For this you have to prove wife can maintain herself with her income itself. Need proof to be filed before court
Uma parameswaran (Expert) 08 July 2010
Produce the concerned documents before the Court.But for the child you are liable to pay.


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