Q: Explain maintenance of wife according to Protection of women from domestic violence act, 2005 ?

Ans: Hence, section 20(2) of the  Protection of Women from Domestic Violence Act, 2005 provides that the monetary relief granted to the aggrieved woman and/or the children must be adequate, fair, reasonable, and consistent with the standard of living to which the aggrieved woman was accustomed to in her matrimonial home. If the wife is earning, it cannot operate as a bar from being awarded maintenance by the husband. Merely because the wife was earning some income, it could not be a ground to reject her claim for maintenance. The Court has to determine whether the income of the wife is sufficient to enable her to maintain herself, in accordance with the lifestyle of her husband in the matrimonial home. Sustenance does not mean, and cannot be allowed to mean mere survival.

Conclusion: If the lifestyle of husband is not luxurious and he has many liabilities, he can deny to provide maintenance to earning wife under section 125 of Cr.P.C. 


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