Merely because the wife is capable of earning it is not a reason to reduce the maintenance awarded to her

Shailja & Anr. v. Khobanna – In this case, the Supreme Court made a remarkable observation by stating that merely because the wife is capable of earning it is not a reason to reduce the maintenance awarded to her and said that whether a wife is capable of earning and is actually earning are two different factors.

In the case, the Family Court had awarded the Appellant-wife an amount of Rs.25,000/-. However, the High Court reduced the amount to Rs.12,000/-.

In appeal, the Supreme Court restored the Family Court’s order by opining that whether the appellant is capable of earning or whether she is actually earning are two different requirements. Merely because the appellant is capable of earning is not, in our opinion, sufficient reason to reduce the maintenance awarded by the Family Court.