Telangana High Court: Wife’s enrolment as advocate not proof of income to deny maintenance claim
The Telangana High Court has held that merely being enrolled as an advocate and practising independently does not establish that a wife has sufficient income to be denied maintenance under Section 24 of the Hindu Marriage Act.
The Telangana High Court has ruled that a wife's enrollment as an advocate and her independent legal practice do not, by themselves, prove she earns enough to support herself. In doing so, the court dismissed claims that her professional status serves as proof of sufficient income under Section 24 of the Hindu Marriage Act, 1955.
The court emphasized that income from legal practice can vary and is dependent on the cases received, as well as the expenses involved in running a practice. The court stated that Section 24 mandates an evaluation of the income actually available to the spouse, rather than just their potential to earn.
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