Abdulmunaf vs Salima : 1979 Cri.L.J. 172 : 1978 Mad.L.J. (Cri) 429 :ILR (1978) 2 Kant 1212 : (1978) 2 kant LJ 453 : 1979 MLR 197 : 1978 LRC Online 4 (Karn)
Section 125-Maintenance to normal healthy and educated wife-Entitlement-Wife is capable of earning in view of her being in view of her being a normal healthy person and educated upto SSLC, but she has not taken care to earn anything for herself -That disentitles ger to full amount that she has claimed, but contention of husband that her application for maintenance is liable to be rejected, cannot be accepted-Refusal to earning by such wife may be taken into consideration while considering quantum of maintenance.
Held : The counsel for the petitioner pointed out from the evidence of the wife that though she has been an S.S.L.C., she has refused to work and earn and has been living with her parents and she has insisted on being maintained by the husband, and this attitude of the wife shows that she does not at all want to earn anything nor maintain herself while the burden is on her to show that in spite of her earning something she would be incapable of maintaining herself. The fact that she has refused to earn for herself may be taken into consideration while considering the quantum of maintenance that the husband is liable to contribute towards her maintenance, as is the view expressed by the Supreme Court. But, merely because she has refused to earn, does not mean that she is not at all entitled to maintenance when the clear terms of Section 125 (1)(a) of the new Code read with Explanation (b) to Section 125 (1)(a) are looked into. Therefore it will have to be held that the wife is capable of earning in view of her being a normal healthy person and educated upto S.S.L.C., but she has not taken care to earn anything for herself. That disentitles her to the full amount that she has claimed, but the contention of Sri Tukaram S. Pai that her application for maintenance is liable to be rejected, cannot, in my opinion, be accepted.