Maintenance to Wife -- Gainful Employment of Wife -- Sufficiency of income to maintain lifestyle enjoyed in matrimonial home is the decisive test
Criminal Procedure Code, 1973, S.125 -- Maintenance to Wife -- Gainful Employment of Wife -- Sufficiency of Income -- Mere fact that a wife is gainfully employed is not an absolute bar to the award of maintenance -- The court must assess whether her income is sufficient to sustain a lifestyle commensurate with that enjoyed in the matrimonial home -- Where the husband is a highly successful software engineer with substantial earning capacity as demonstrated by TDS records, his professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations -- The fact that the wife is also earning does not preclude her from claiming maintenance where her income is insufficient to maintain the lifestyle enjoyed in the matrimonial home.
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