Maintenance-- Voluntary Retirement to Defeat Maintenance Claim Is a Recognised Evasion Strategy--Earning Capacity, Not Actual Earnings, Determines Maintenance Liability After Voluntary Retirement
A well-qualified husband capable of earning cannot escape maintenance obligation under Section 125 of the CrPC by taking voluntary retirement and claiming absence of income. Earning capacity, not actual earnings, is the relevant consideration. Quitting stable employment without securing alternate income is a recognisable strategy to defeat maintenance claims, similar to employed wives allegedly leaving jobs to gain advantage in such disputes. Possession of matrimonial property by the wife does not disentitle her from maintenance.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
