The Delhi HC defined the difference between ‘Capable of earning’ and ‘Actually Earning’
The wife, being a lawyer, and enrolled in the year 2000, was capable of earning, contended the Husband in the Delhi High Court.
The wife claimed that she had worked only prior to the marriage and on account of their small child, she had not worked thereafter. Even the husband was not able to provide any proof to the contrary that the wife was working.
Keeping that in mind, the Delhi High Court held that there is no irregularity in the order passed by the Family Court. The Delhi High Court stated their reasons as the following:
Reliance was placed onShalija & Anr. v. Khobbana, (2018) 12 SCC 199, whereby the Supreme Court had held that ‘capable of earning’ and ‘actual earning’ are two different requirements. It clarified that merely because wife is capable of earning was held not to be a sufficient reason to reduce the maintenance awarded by the Family Court.