Q: Elaborate the judgement of Khushali V. State of Gujrat High Court ?

Ans: The learned Gujrat High Court held that the wife is required to live in a dignity as well as standard of life of her husband. That, if wife is earning then it may not be a reason to reject an application for maintenance. In support of her arguments, the learned advocate for the applicants has placed reliance upon the judgment passed by Hon'ble Apex Court in Criminal Appeal Nos. 125-126 of 2017 as well as judgment passed by Hon'ble Karnataka High Court in RPFC 501/203 c/w 542/2013 wherein it is held that if the wife is capable for earning or whether she is actually earning are two different requirements. Merely because the wife is capable of earning has not the sufficient reasons to reduce the maintenance to the wife.
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