Maintenance is decided by comparing the Husband's income and the wife's income and their liabilities. If the man is earning more than the woman, the woman qualifies for the maintenance. If the woman is earning, she will still be given maintenance.
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I think most of the my advocate friends are with pre notion of complusary maintainece whether wife is earning or educated, Question can wife claim maintainence if she well educated ( Msc) or employed if yes then all wife will stop working start claiming maintainence from husband these is nothing but creating a way for easy money
My Observation under DVC is
1. If wife is well educated then we should press ont he fact that she can maintain herself for rest of life
2. Very fact that she claimed that she is earning 10k is good proof that she can get more salary in future to maintain her self .
3. Status of any individual can change any time in couse of time but that does not mean maintain has to be granted based on the status
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Hello,
It was held in Binita Dass v. Uttam Kumar that the Magistrate cannot deny interim maintenance to wife only because she has earning capacity or is a qualified person.
Hope this answers ypur query.
Regards,
Liyana Shaji
There are supreme court judgements which say that if wife is earning and earning is insufficient than she is entitled to maintenance.....
Minakshi gaur versis chitranjan gaur and vipul Lakhanpal versus Pooja Sharma...in one of these case wife is earning 9000rs and maintenance of 5000,rs awarded to her..
Therefore if hon' ble judge awarded her maintenance it can't be said it's unfair ...
However if you have proof she lied about income and earns more you can file section 340 application...she will get punishment...chances are maintenance
is cancelled or reduced...
i
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