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The Delhi High court on Tuesday ordered that, if a female partner is capable to earn money, but without any sufficient reason she choose to not to earn and to remain unemployed, should not be allowed to ask for maintenance from her male partner.

It was observed in case of husband – wife divorce, in this case the husband was ordered to pay maintenance of Rs. 30,000 per month. Husband challenged this order,  he submitted that his female partner is graduated from delhi university and her income was 25,000 when she was working as a receptionist at hospital. The court observed that after all the deductions the salary of husband is only 56,492 . He has to take care of his sister, aged parents and also he has to pay loan taken for his brothers marriage.

Considering his duty towards other family members and the capacity to earn and education of his female partner /wife court reduced the amount of maintenance ordered by family court. It deducted from 30,000 to 21,000. & it will enhance by 1,500 per month after succeed of Divorce.

Name – Anjali Subhash Paul, College name –  Dr. D.Y. Patil Law College., (Semester- llb -ll Student)  An intern under Legal Vidhiya

Reference:- BarandBench.com

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