Allahabad HC: Wife Cannot Claim Maintenance if She Causes Husband’s Earning Incapacity
January 24, 2026
The Allahabad High Court has ruled that if a wife’s actions or omissions cause her husband’s inability to earn, she cannot claim maintenance from him. The court dismissed a petition by a woman seeking maintenance from her husband, Ved Prakash Singh, a homeopathy doctor. Singh was shot by his wife’s brother and father during a dispute at his clinic. The pellet remains in his spinal cord, and surgery to remove it risks paralysis, leaving him unable to work. The family court in Kushinagar had earlier rejected the wife’s application for interim maintenance on May 7, 2025. Justice Lakshmi Kant Shukla upheld that decision, stating that granting maintenance under such conditions would cause grave injustice since the husband’s earning capacity was destroyed by acts of the wife’s family. The court observed, "While Indian society generally expects a husband to work and maintain his family, this case presented unique circumstances." It also noted, "If a wife by her own acts or omissions causes or contributes to the incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance." The court underlined that no legal duty is imposed on a wife to maintain her husband. The ruling highlights a rare legal stance where a wife's claim to maintenance is denied due to her role in the husband’s injury and loss of income.
Read More at Thehindu →
Tags:
Allahabad high court
Maintenance
Husband
Wife
Court ruling
Legal Decision
Comments