Despite possessing earning ability wife is entitled to maintenance after divorce: Bombay High Court The Hon’ble Bombay High Court in a criminal matter between Mr. Sanjay Damodar Kale vs. Ms. Kalyani Sanjay Kale and The State of Maharashtra held that wide is entitled to maintenance even if she runs a business and has her own source of income. The Applicant Sanjay Damodar Kale filed a criminal revision application against Family Court judgment to pay monthly maintenance to ex-wife. The Hon’ble Justice N.J. Jamadar opined that “Neither the mere potential to earn not the actual earning, however meager it may be is sufficient to deny the claim of maintenance.” Further, hon’ble justice agreed that learned Judge Family Court was justified in placing reliance on Hon’ble Supreme Court’s judgment in Sunita Kachwa vs. Anil Kachwa wherein the Apex Court observed that merely because the wife was earning something, it would not be a ground to reject her claim for maintenance. However, Hon’ble Justice N.J. Jamadar considering the Applicant’s source of income reduced the maintenance ordered by the Family Court. Reddy & Reddy Law firm has a team of well expert advocates specialized in matters pertaining to Family Laws including complex matrimonial disputes.
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