When wife should not be granted maintenance
The evidence available on record would clearly show that the respondent herein is living with her son and also maintaining the family, doing money-lending business, earning sufficient income for her livelihood and also filed cases against the persons, who have not repaid the loan amount obtained from her and she has got ownership of the residential house, that was settled by the petitioner herein in favour of their children. As she was financially sound, she has not printed even the name of the petitioner, being the father, in the marriage invitation of her son, with whom she is residing and also maintaining the family, whereas the petitioner is aged about 62 years and he could not do his regular avocation of mazonary work due to his old age and earn for his livelihood. The evidence available on record would clearly establish that the respondent / wife is earning sufficient income by way of money-lending business to maintain herself and the revision petitioner, who is the husband, aged about 62 years could not maintain himself by doing his mazonary work.
16. On the aforesaid circumstances, it cannot not be decided that the respondent / wife could not maintain herself and the revision petitioner is capable to maintain the respondent, is neglecting or refusing to maintain the revision petitioner, so as to seek maintenance under Section 125 Cr.P.C.
Madras High Court
Issakkimuthu vs Mallika on 18 January, 2012
https://www.lawweb.in/2013/08/when-wife-should-not-be-granted.html
