Maintenance to Wife--Loss in Business--Able-Bodied Husband Cannot Escape Maintenance Obligation on Grounds of Reduced Income or Business Closure
An able-bodied husband is under a sacrosanct legal duty to maintain his wife under Section 125 CrPC, irrespective of a reduction in income or closure of business. Income tax returns are not a reliable measure of actual income in matrimonial disputes, as there is a tendency to understate earnings to avoid liability. The standard for maintenance is whether the wife can sustain the standard of living she was accustomed to in the matrimonial home, and the mere capacity to earn is not a ground to deny maintenance to a wife.
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