A single judge of Orissa HC reduced the maintenance amount granted by a Trial Court.
From Para 4,
4. Law never appreciates those wives, who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualification. It is found in this case that the OP-wife had earlier worked in some media houses and she has got definite prospect to work and earn her livelihood. The intention and objective of legislature in enacting Section 125 of CrPC is to provide succor to those wives, who are unable to maintain themselves and have no sufficient income for their sustenance. The social objective behind the provision for grant of maintenance, if considered on the admitted facts as discussed in this case, it would go to disclose the wife’s need and requirement to be balanced not only with the income and liability of the husband, but also has to be considered on the backdrop of the education and prospect of the wife to earn.
Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025
Index of maintenance judgment u/s 144 BNSS here.
Shades of Knife
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