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While deciding maintenance claims, it has to be examined whether the wife is in a position to maintain herself in the same way as she used to be at her husband's house before their separation, the apex court said.
Drawing an interesting illustration, the apex court said if a divorced/deserted wife is forced to beg for a living it does not mean that she is capable of earning.
"Where wife was surviving by begging, it would not amount to her ability to maintain herself. It can also be not said that the wife has been capable of earning. But she was not making any effort to earn," a Bench of Justices Arijit Pasayat and Aftab Alam, observed.
The Bench passed the ruling while dismissing an appeal filed by Madhya Pradesh resident, Chaturbhuj, challenging a trial court's decision to award the Rs 1,500 monthly maintenance allowance to his estranged wife, Sita Bai.
A Sessions Court and later the Madhya Pradesh High Court upheld the trial court's decision following which Chaturbhuj appealed in the apex court.
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The point i want to make is, a girl is willing and able to manage and maintain herself before marriage but after marriage she cannot why? i mean if u have children to look after or are illiterate I can still understand but why pay alimony to a educated person from a well to do family. Why is the girls families finances checked just as the husbands ?