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1 - 10 of 58 (0.37 seconds)Section 23 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 24 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Section 5 in The Limitation Act, 1963 [Entire Act]
Shailja vs Khobbanna on 18 January, 2017
8. This Court is therefore of the considered
opinion that the learned Family Court has committed
no error in appreciating the factual matrix and
applying the correct legal principles, including the
ratio laid down in Shailja v. Khobbana: (2018) 12
SCC 199, wherein the Hon‟ble Supreme Court had
held that mere capability to earn is not the same as
actually earning, and being capable of earning alone
is not a valid reason to reduce maintenance. It is not
the potential earning capacity of the wife but her
actual income at the relevant time that is to be
considered while determining the amount of
maintenance. Thus, the learned Family Court has
rightly observed that there exists a material
distinction between being "capable of earning‟ and
"actually earning"..."
Kulbhushan Kumar vs Raj Kumari & Anr on 20 October, 1970
34. Similarly in Dr. Kulbhushan Kunwar v. Raj
Kumari, (1970) 3 SCC 129, the Hon'ble Supreme
Court while deciding the fixation of rate of
maintenance, had made the following observations: