No maintenance if wife contributes to husband’s incapacity to earn: HC | Prayagraj News

Prayagraj: The Allahabad high court has held that if a woman’s actions or omissions contribute to her husband’s incapacity to earn, she cannot claim maintenance from him. Upholding the decision of the 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 man’s earning capacity was destroyed by the criminal acts of the woman’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 practitioner, was able to support his family. However, his ability to earn a living was wiped out after being shot at by his wife’s brother and father during a confrontation at his clinic. A pellet remains lodged in Singh’s spinal cord as the surgery to remove it carries a high risk of paralysis, leaving him unable to sit comfortably or maintain employment.The Family Court had initially rejected the woman’s application for interim maintenance on May 7, 2025. The HC upheld this decision, noting that the husband’s physical incapacity was undisputed and directly caused by the woman’s side of the family.While a husband has a “pious obligation” to maintain his wife, this is contingent upon his ability to earn, the HC said.The high court, in its decision dated Jan 19, cited the Supreme Court judgment in Shamima Farooqui v. Shahid Khan (2015) to support the principle that maintenance is tied to the ability to earn.