Wife’s Refusal to Comply with Restitution Decree Not a Bar to Maintenance; Potential to Earn No Ground for Denial: Allahabad High Court

The Allahabad High Court has held that a wife cannot be disqualified from claiming maintenance under Section 125(4) of the Criminal Procedure Code (CrPC) merely because she refused to live with her husband despite a decree for restitution of conjugal rights. The Court further ruled that a wife’s educational qualifications or “potential to earn” are

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