18 May 2020

Qualification of wife and capacity to earn cannot be a ground to deny maintenance to wife who is dependent and does not have any source of income

Factors be considered in fixing the quantum of maintainable.

   It is also well settled principal of law that while granting the maintenance, following factors should be taken into consideration :
  • (I) Income, property and capability of earning of both the parties.
  • (ii) Living standard and need of the parties keeping in mind the principle that wife is entitled to get an amount of maintenance which will enable her to maintain almost the same standard of living to which she was entitled if she would have lived in the house of her husband. 
Qualification-and-capacity-to-earn-not-ground-to-deny-maintenance-to-defendant-wife
  • (iii) Qualification of the wife and capacity to earn cannot be a ground to deny maintenance to a wife who is dependent and does not have any source of income. Whether Appellant is capable of earning or whether she is actually earning are two different requirements. Merely because Appellant is capable of earning is not sufficient reason to reduce the maintenance awarded by the Family Court.[Para No.12] 



Madhya Pradesh High Court



Gourav Singh Tomar

Vs.

Lakkita Tomar


Decided on 06/05/2020




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