Maintenance--Unemployed Husband--Able-Bodied Qualified Husband Cannot Evade Maintenance Obligation Under by Citing Unemployment
An able-bodied and well-qualified husband is presumed capable of earning and cannot evade his legal obligation to pay maintenance by merely citing unemployment. The wife's independent income is not an absolute bar to the award of maintenance under Section 125 CrPC; the determinative test is whether her income is sufficient to sustain the lifestyle she enjoyed in the matrimonial home. Past earning capacity, professional qualifications, and TDS records are relevant indicators of a husband's continued capacity to meet matrimonial obligations.
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