PTI 
 
New Delhi, Nov 29: The Supreme Court has held that a woman deserted or divorced by her husband is entitled to alimony if she is unable to maintain herself out of her own income.

While deciding maintenance claims, it has to be examined whether the wife is in a position to maintain herself in the same way as she used to be at her husband's house before their separation, the apex court said.
   
Drawing an interesting illustration, the apex court said if a divorced/deserted wife is forced to beg for a living it does not mean that she is capable of earning.
   
"Where wife was surviving by begging, (it) would not amount to her ability to maintain herself. It can also be not said that the wife has been capable of earning. But she was not making any effort to earn," a bench of Justices Arijit Pasayat and Aftab Alam, observed.

The bench passed the ruling while dismissing an appeal filed by Madhya Pradesh resident, Chaturbhuj, challenging a trial court's decision to award the Rs 1,500 monthly maintenance allowance to his estranged wife, Sita Bai.
   
A Sessions Court and later the Madhya Pradesh High Court upheld the trial court's decision following which Chaturbhuj appealed in the apex court.