The Allahabad High Court has ruled that a wife cannot claim maintenance from her husband if her actions or omissions have contributed to his incapacity to earn a livelihood.
Dismissing a revision petition filed by a woman seeking maintenance, the court upheld the findings of a family court in Kushinagar, which had earlier rejected her application. The husband, a homoeopathic doctor, was rendered incapable of earning after he was allegedly shot at during an altercation at his clinic.
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According to the case records, the man, Ved Prakash Singh, was allegedly attacked by his brother-in-law and father-in-law following a dispute at his workplace. The shooting reportedly left him unable to continue his medical practice or generate income.
Justice Lakshmi Kant Shukla, while affirming the family court’s decision, observed that granting maintenance in such circumstances would amount to grave injustice. The court noted that the husband’s earning capacity had been destroyed due to the criminal acts allegedly committed by members of the wife’s family.
The High Court emphasised that maintenance laws are meant to provide relief to a dependent spouse, but they cannot be applied mechanically in situations where the claimant’s conduct has directly or indirectly led to the other party’s inability to earn.
(This story is published from a syndicated feed)
