Maintenance to Wife -- Direction to Seek Employment -- Capacity to earn cannot be equated with actual income
(i) Protection of Women from Domestic Violence Act, 2005, S.23 -- Maintenance to Wife -- Direction to Seek Employment -- A court may direct a professionally qualified spouse to make bona fide efforts toward securing suitable employment, having regard to age, qualifications, previous employment, health, family responsibilities and present employability. Such direction is within the jurisdiction of the court. However, capacity to earn cannot be equated with actual earnings, and maintenance cannot be denied or automatically terminated on this basis. (ii) Protection of Women from Domestic Violence Act, 2005, S.23 -- Maintenance to Wife -- Expiry of Period to Seek Employment -- Where a spouse is directed to make efforts to secure employment within a stipulated period, mere expiry of that period does not result in automatic cessation of maintenance. The obligation is confined to making bona fide and reasonable efforts, and reconsideration of maintenance depends on actual employment and income, efforts made, reasonable needs, and financial capacity of the other spouse. (iii) Protection of Women from Domestic Violence Act, 2005, S.25 -- Maintenance to Husband -- Loss of Employment -- Interim maintenance is provisional and founded on prima facie assessment of income. Loss of employment by the maintenance-paying spouse constitutes a material alteration in circumstances that must be given effect to from the date the alteration is brought before the court, warranting downward modification of the maintenance amount.
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