Maintenance to Wife--Professional Qualification and Earning Capacity of Wife Must Be Considered While Determining Maintenance
Under Section 125 of the Code of Criminal Procedure, maintenance cannot be granted without considering the professional competence and earning potential of the wife-claimant. The object of Section 125 CrPC is to ensure dignified living for the wife, but this must be balanced against her capacity for gainful employment. Where the wife is a qualified professional with demonstrated work history, her earning potential is a relevant factor in determining the quantum of maintenance — though not a ground for outright denial. Thus, voluntary unemployment of a professionally qualified wife cannot be overlooked in maintenance proceedings
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