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A Wife’s earning capacity cannot be a bar from awarding her maintenance: Telangana High Court

The High Court of Telangana answered the question that whether a wife who is earning, be operated as a bar from awarding maintenance to suit the lifestyle of her husband in the matrimonial home, though the case of Nikhat Fatima v. Syed Razi Ahmed,( Tr.C.M.P.Nos.758 and 760 of 2018) decided through the learned bench led by M.S.Ramachandra Rao. 

Facts of the case: In the following case, a revision case was filed to set aside the order of a lower court in which the petitioner asked for interim maintenance under Section 125 (1) CrPC. Petitioner 1 that is the wife of the first respondent asked for maintenance of Rs 12,000 per month for each of their children and Rs 10,000 per month for herself and the court ordered the first respondent to pay 7 Thousand per month to each petitioner 2 and 3 that are his children towards interim maintenance, from the date of the petition, pending disposal of maintenance case and the petition to the extent of petitioner 1 that is the wife was dismissed.  Aggrieved by the order the wife approached the HC for revision. 

Judgment: Once the case was brought before the HC the court referred to the decision of the Supreme Court which says that, if the wife is earning, it cannot operate as a bar from awarding maintenance to suit the lifestyle of her husband in the matrimonial home. In the present case, the family court dismissed the interim application filed by the first petitioner on the ground that she herself had mentioned that she was earning Rs 20,000/- per month which in Court’s opinion, is a well-reasoned order which required no interference.

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JUDGEMENT REVIEWED BY MANAL NASEEM

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