Qualification and capacity to earn cannot be a ground to deny interim maintenance to wife. The Delhi High Court in the case of Binita Dass v. Uttam Kumar held that the Court cannot deny interim maintenance to a wife only because she has earning capacity or is a qualified person if the wife is wholly dependent on the husband and does not have any source of income. The Court observed that there are several judgment wherein it has specifically been held that capacity to earn and actually earning are two different things. Reddy & Reddy Law Firm has expertise in dealing with Family Law matters and handles a vast number of matrimonial disputes involving complexities like domestic violence, maintenance, child custody and such other issues related to divorce.
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