Coram: Justice Sanjeev Sachdeva
Brief Facts
Petitioner had filed an application under Protection of Women from Domestic Violence Act, 2005 and along with the application had filed an interim application under Section 23 seeking interim maintenance. Said application has been rejected by the Trial Court on the ground that the petitioner and respondent are equally qualified and petitioner was previously employed and has not disclosed any cogent explanation or disability.
The appellate court also dismisses the appeal on the ground that the petitioner was earlier working in a private company and has the capacity to work and with earnest efforts she shall be able to search a suitable job for herself.
Judgment
The Hon’ble court held that the Qualification and the Capacity to Earn cannot be a Ground to deny Interim Maintenance to the wife who is dependant and does not have any source of income.
