Maintenance to Wife--Qualified Wife -- Earning Capacity of Specialised Professional Spouse is Mandatory Consideration -- Voluntary Professional Inactivity Does Not Entitle Maintenance Claim
Earning capacity of a highly qualified professional spouse is a mandatory consideration even at the ad-interim stage of maintenance proceedings . Voluntary professional inactivity by a person possessing specialised, high-demand skills does not entitle such a person to maintenance on the ground of inability to maintain herself. An ad-interim maintenance order passed without compliance with the mandatory disclosure regime of affidavits of assets and liabilities, as mandated in Rajnesh v. Neha, constitutes jurisdictional perversity and not merely an error of discretion. A child's right to maintenance, however, is an absolute and non-delegable obligation of the father, independent of parental disputes -- Protection of Women from Domestic Violence Act, 2005, S.12
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