Q: Discuss the case law of Chander Prakash Bodhraj v Shila Rani Chander Prakash, AIR 1968 Delhi 174 for maintenance of wife?
Ans: According to Chander Prakash Bodhraj v Shila Rani Chander Prakash, AIR 1968 Delhi 174, an able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family. The onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family, and discharge his legal obligations for reasons beyond his control. If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by the Court.
Conclusion:
So, if the husband has liabilities like loans and other legal obligations, he will not be entitled to provide maintenance to earning wife.
Under Section 125 of the Code of Criminal Procedure it was obligatory on the part of the Petitioner-wife to allege and prove that she was unable to maintain herself. According to Shri Rege the expression used in this section i.e. "unable to maintain herself" clearly indicates that it must be proved by the Petitioner that she is incapable of earning anything for her maintenance. If the wife is able bodied and is capable of earning, then it cannot be said that she is unable to earn or is unable to maintain herself.
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