Maintenance to Wife -- Earning Wife -- Sufficiency of income, not mere fact of earning, is the decisive test for entitlement
(i) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Earning Wife -- Sufficiency of Income -- Mere fact that a wife is earning does not by itself disentitle her from claiming maintenance -- The decisive test is whether her income is sufficient to enable her to maintain herself with dignity. (ii) Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Qualified Medical Professional -- Earning Capacity -- Where a wife is a qualified medical professional possessing the skills and expertise of a radiologist and has previously been gainfully employed for several years, her professional qualifications and past employment demonstrate substantial earning capacity -- Maintenance cannot be granted without due regard to the professional competence and earning potential of the claimant -- Maintenance accordingly reduced from Rs 18,000 to Rs 12,000 per month with effect from the date of filing of the application.
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