EDUCATED WIFE IF NOT EARNING ENTITLED TO MAINTENANCE

RECENTLY, KERALA HIGH COURT UPHELD AN ORDER OF THE FAMILY COURT BY WHICH A COMPENSATION OF 6000/- AND RS. 4500/- WAS FIXED TO BE PAID FOR DESTITUTE WIFE AND CHILD.

FACTS

WIFE FILED AN APPLICATION BEFORE FAMILY COURT FOR SEEKING MONTHLY COMPENSATION UNDER ORDER 125 CRPC. HOWEVER, HUSBAND OBJECTED THE SAME BY STATING WIFE IS WELL QUALIFIED AND THUS WAS NOT ENTITLED TO COMPENSATION. THE FAMILY COURT STILL GRANTED MAINTENANCE IN FAVOR OF WIFE AND CHILD. THE SAID ORDER WAS CHALLENGED BY THE HUSBAND IN KERALA HIGH COURT, HOWEVER, THE SAID ORDER HAS BEEN UPHELD BASED UPON THE FOLLOWING OBSERVATIONS.

OBSERVATIONS

MERELY BECAUSE THE WIFE IS CAPABLE OF EARNING, SHE CANNOT BE SAID TO BE NOT ENTITLED TO MAINTENANCE UNDER PROVISIONS OF SEC 125 CRPC. IN OTHER WORDS, THE SAID PROVISION IS AN ENABLING PROVISION WHICH IS ENACTED FOR AID OF DESTITUTE WIFE, DEPENDANT CHILD AND PARENTS. ONLY WHEN ACTUAL EARNING IS MENTIONED, THEN ONLY IT CAN REFUSE THE GRANT OF COMPENSATION AND NOT MERELY CAPACITY TO EARN. IF THE HUSBAND IS EARNING, HE IS LIABLE TO PAY MAINTENANCE.

DECISION

TEHREFORE, THE HUSBAND WAS DIRECTED TO COMPLY WITH THE ORDER OF PROVIDING MONTHLY MAINTENACE TO WIFE AND CHILD.

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