Smt Tejaswini v Aravinda Tejas Chandra AIR2010(NOC)(KAR) 228
potential earning of wife is not contemplated in the expression "unable to maintain"-cannot be interpreted to mean capable of earning.-Mere fact that wife is MBA graduate will not disentitle her to claim maintainence-If expression 'unable to maintain' is to be interpreted to mean 'capable of earning' the very purpose of introducing s.125 of crpc will be rendered redundent.This is because it is always possible to say in a given case where wife seeks maintenance,that she has potential to earn some thing or that she is capable of earning for herself,and if that interpretaion is accepted,then it may be possible to reject almost every petition that is filed u/s 125 of crpcand this is not intention of legislature.Further court can not substitute or add any word into statute which was not done by legislature itself .
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potential earning of wife is not contemplated in the expression "unable to maintain"-cannot be interpreted to mean capable of earning.-Mere fact that wife is MBA graduate will not disentitle her to claim maintainence-If expression 'unable to maintain' is to be interpreted to mean 'capable of earning' the very purpose of introducing s.125 of crpc will be rendered redundent.This is because it is always possible to say in a given case where wife seeks maintenance,that she has potential to earn some thing or that she is capable of earning for herself,and if that interpretaion is accepted,then it may be possible to reject almost every petition that is filed u/s 125 of crpcand this is not intention of legislature.Further court can not substitute or add any word into statute which was not done by legislature itself .
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