A division bench of Apex Court held as follows,
From para 9,
9. Inability to maintain herself is the precondition for grant of maintenance to the wife. The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her. In her evidence, the appellant wife has stated that only due to help of her retired parents and brothers, she is able to maintain herself and her daughters. Where the wife states that she has great hardships in maintaining herself and the daughters, while her husband’s economic condition is quite good, the wife would be entitled to maintenance.
Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014
Citations: [AIR 2015 SUPREME COURT 554]
Other Sources:
https://indiankanoon.org/doc/3786357/
https://www.casemine.com/judgement/in/5609af48e4b01497114160aa
Index of Maintenance Judgments under 144 BNSS is here.
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