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Rajathi vs C. Ganesan on 22 July, 1999

13. Of course, the dictum in Rajathi v. C. Ganesan (AIR 1999 SC 2374) will also have to be understood reasonably and fairly. If a qualified woman is actually able to engage herself in some stable and settled employment after the spouses started separate residence, it may not be fair or correct to say that such subsequent stable employment and income must be ignored solely for the reason that she had taken up such employment only after the spouses separated and while in matrimony she was not engaging herself in any income earning activities. It is not necessary to advert in detail to such possibilities in view of the facts of this case, where it is very clear that either before the 24 spouses separated or immediately prior to the date of filing of the petition or thereafter the claimant wife was not actually engaging herself in any income earning activities. The evidence clearly shows that it was not an adamant refusal on the part of the claimant/wife to engage herself in any income earning activity to maintain herself. It was clearly a case of her inability to secure any such income earning activities and income to be able to maintain herself. The conclusion in these circumstances appears to me to be inevitable that the impugned order does not warrant any interference by invocation of the revisional jurisdiction of superintendence and correction.
Supreme Court of India Cites 5 - Cited by 250 - D P Wadhwa - Full Document
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