Interim Maintenance to Wife -- Professionally Qualified Spouse -- Capacity to Earn Not Equated to Actual Income
(i) Protection of Women from Domestic Violence Act, 2005, S.23 -- Interim Maintenance to Wife -- Professionally Qualified Spouse -- A court may direct a professionally qualified spouse to make bona fide efforts toward securing suitable employment, having regard to age, qualifications, previous employment, health and family responsibilities. Such a direction remains within the discretion of the court, but capacity to earn cannot be equated with actual earnings so as to deny or automatically terminate maintenance. (ii) Protection of Women from Domestic Violence Act, 2005, S.23 -- Interim Maintenance to Wife -- Direction to Seek Employment -- Interim maintenance is provisional and may be reconsidered after a specified period. A direction requiring the spouse to make efforts at employment does not result in automatic cessation of maintenance upon expiry of the stipulated period, and reconsideration must depend on actual employment and income, efforts made, reasonable needs, and the financial capacity of the other spouse.
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