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Supreme Court of India 2017-01-18 allowed

Shailja and another vs Khobbanna

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this matrimonial maintenance case, the Family Court awarded Rs. 15,000 per month to the wife and Rs. 10,000 per month to the son. The High Court reduced the total to Rs. 12,000 on grounds that the wife was 'capable of earning'. The Supreme Court held that mere capability to earn is insufficient to justify reducing maintenance—actual earning is required. Considering the respondent-husband's substantial income (over Rs. 80,000 monthly plus significant land holdings), the Court restored the Family Court's original award and set aside the High Court's reduction.

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Family Law Maintenance Matrimonial Law Appellate Review

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