16 Apr 2026 12:48 PM

Maintenance to Wife--Educated Wife--LL.B. Degree Not a Ground to Deny Maintenance--One-Third of Husband's Income Recognised as Just and Proper Award

Possession of an LL.B. degree by a divorced wife is not a ground to deny maintenance. A husband cannot escape the legal and ethical duty to maintain his wife merely because she holds a professional qualification. Maintenance awarded to a divorced wife under Section 125 of the Code of Criminal Procedure is assessed on the basis of income of the husband, and approximately one-third of such income is a recognised standard for such award. Obligation of the husband to maintain his former wife subsists regardless of his subsequent remarriage.

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