13 Apr 2026 12:15 PM

Maintenance to Wife--Earning Capacity of Wife Cannot Substitute Actual Income--Husband's Financial Standing Relevant to Quantum of Maintenance

Potential earning capacity of a wife does not negate her entitlement to maintenance. A distinction exists between "may earn" and "is earning." Where a wife discontinues employment due to marital obligations and compulsions, she remains entitled to maintenance under the law until she secures employment of sufficient income. Standard of living of the husband is a relevant consideration in determining the quantum of maintenance.

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