'Capability To Earn' & 'Actual Earnings' Are Separate Things: Delhi High Court Upholds Grant Of Maintenance To MBA-Qualified Wife: Delhi High Court

In a significant judgment under Section 24 of the Hindu Marriage Act, the Delhi High Court has upheld a Family Court’s order granting maintenance pendente lite to a wife who is an MBA and B.Tech graduate. The Court emphasized that capability to earn and actual earnings are two different aspects, and merely being educated or capable does not negate the right to claim maintenance. Court considers circumstances of child care…