Grant of maintenance under Domestic Violence Act not dependent on whether wife is capable of earning, Delhi HC

Aditi Singh June 6 2019
delhi high court

The Delhi High Court has held that while determining maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act), a court cannot assume that the wife would be gainfully employed merely because she was educated or was employed prior to her marriage.

Thus, whether the wife is “capable of earning” or whether she is “actually earning” would be two different requirements, the Court said.

The judgment was passed by a Single Judge Bench of . . .

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