10 Feb 2026 12:29 PM

Maintenance -- Earning Capacity of Wife -- Husband Who Secures Divorce on Ground of Wife's Mental Illness Cannot Evade Maintenance Claiming Her Capacity to Earn; Mutually Destructive Stands Legally Untenable

A husband who obtains divorce on the ground of wife's mental illness cannot subsequently evade maintenance liability under Section 127 CrPC by contending she is capable of earning. Such mutually destructive stands are impermissible. Maintenance is assessed on free income after reasonable deductions; voluntary loan repayments and parental support are immaterial to the husband's statutory obligation.

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