A single Judge of Punjab and Haryana High Court held as follows,
From Para 8,
8. However, it is admitted fact on record that the petitioner is a qualified MA (in Punjabi) and B.Ed. On a Court query, learned counsel for the petitioner has admitted that the petitioner is not working despite being able bodied. When questioned as to why the petitioner is not working, the learned counsel for the petitioner has submitted that the petitioner was previously giving tuitions. However, now since she is residing with her parents in the village, she is unable to give any tuitions. When it is pointed out that even the children in villages study and therefore need tuitions, learned counsel submits that people in villages do not have high paying capacity. However, when it is pointed out that the petitioner can always take online tuitions in village also, learned counsel for the petitioner has no reply.
From Para 12,
12. It is my considered view that it is first and foremost duty of the petitioner to maintain herself. The ennoble purpose of Section 125 Cr.P.C. is not to spawn idle wives, and to foist the entire burden upon the hapless husband; but is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution. A bare reading of Section 125 Cr.P.C. itself indicates that maintenance is admissible to a wife who is ‘unable to maintain herself’. In the present case, that is not so.
Asha Rani Vs Ranjit Singh on 11 Dec 2024
Citations:
Other Sources:
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Index of Maintenance Judgments u/s 144 BNSS is here.
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