Wife Cannot Claim Maintenance if Her Actions Render Husband Incapable of Earning Says Allahabad High Court

The Allahabad High Court held that a wife cannot seek maintenance if her own conduct has caused or contributed to the husband’s inability to earn.

Upholding the denial of interim maintenance under Section 125 CrPC, the Court noted that the husband, a homeopathic doctor, became permanently incapacitated after suffering a gunshot injury allegedly inflicted by the wife’s family members.

The injury left a pellet lodged in his spinal cord, making him unemployable.

The Court ruled that allowing maintenance in such circumstances would result in grave injustice and amount to taking advantage of one’s own wrongdoing.