Swastika Sen (Smt.) v. State of West Bengal : 2003 (2) CalLT 359 : 2004 (1) DMC 66 : 2003 (1) AICLR 552 : 2002 LRC Online 93 (Cal)
Section 125-Interim Maintenance-Refusal-Revision-If a wife is an employed person or has a business and earns a definite sum by way of regular income and if the Court finds such income as sufficient for the purpose of enabling her to earn her livelihood, then certainly she cannot claim maintenance from the husband-prima facie shows that she had an average income of about Rs. 4500/- per month and in view of such earnings of the petitioner being prima facie found from the record, the Court below was not unjustified in refusing to award any interim maintenance for the wife so long as the main matter as not heard and disposed of by obtaining evidence from the parties on the prima facie substantial ground that she could not be said to be unable to maintain herself during the interim period-Application dismissed.