Maintenance to Wife--Educated Wife--Post-Graduation Alone Does Not Establish Capacity to Self-Maintain in Era of Widespread Unemployment
Educational qualification alone does not render a wife capable of maintaining herself for the purpose of Section 125 CrPC. Courts may take judicial notice of prevailing unemployment, which affects even highly educated persons. The phrase "unable to maintain herself" must be assessed with reference to the means available to the wife during cohabitation, and not by the efforts made by her to survive after desertion. Maintenance under Section 125 CrPC is a measure of social justice aimed at preventing vagrancy and destitution, drawing constitutional support from Articles 15(3) and 39 of the Constitution.
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