HC upholds order rejecting wife's maintenance claim
PRAYAGRAJ, Jan. 24 -- The Allahabad high court has held that if a wife's actions or omissions contribute to her husband's incapacity to earn, she cannot claim maintenance from him.
Upholding the decision of family court, Kushinagar, which rejected the maintenance application of the wife, the high court stated that granting maintenance in such a scenario would result in grave injustice, particularly when the husband's earning capacity was destroyed by the criminal acts of the wife's family.
Dismissing the criminal revision petition filed by the wife - Vineeta - Justice Lakshmi Kant Shukla said: "While Indian society generally expects a husband to work and maintain his family, this case presented unique circumstances."
The husband, Dr Ved Prakash Singh, a homeopathic doctor, was previously capable of providing maintenance. However, his earning capacity was destroyed after being shot by the wife's brother and father during an altercation at his clinic.
A pellet remains lodged in the husband's spinal cord. The surgery to remove it carries a high risk of paralysis, leaving him unable to sit comfortably or maintain employment.
The family court in Kushinagar initially rejected the wife's application for interim maintenance on May 7, 2025. The high court upheld this decision, noting that the husband's physical incapacity was undisputed and directly caused by the wife's side of the family.
The Allahabad high court, in its decision dated January 19, cited the Supreme Court judgment in Shamima Farooqui Vs Shahid Khan case (2015) to support the principle that maintenance is tied to the ability to earn....
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