No maintenance if wife contributes to man’s inability to earn: HC
In a significant ruling, the Allahabad High Court has stated that a wife cannot claim maintenance from her husband if her actions or omissions contribute to his inability to earn. This judgment was made while hearing a plea from a woman seeking maintenance from her doctor husband, who had been left unable to work due to an altercation with his brother-in-law and father-in-law.
The case in question involved a doctor who had been shot at by his brother-in-law and father-in-law during a dispute, resulting in injuries that left him unable to earn a living or provide maintenance to his wife. The wife, in turn, had filed a petition seeking maintenance from her husband, citing his inability to provide for her as the reason. However, the High Court rejected her petition, stating that she could not claim maintenance from her husband if her own actions had contributed to his inability to earn.
This ruling has significant implications for the concept of maintenance in Indian law. Under the Hindu Marriage Act, 1955, and the Code of Criminal Procedure, 1973, a wife is entitled to claim maintenance from her husband if he is unable to provide for her. However, this right is not absolute, and the court has the discretion to reject a maintenance petition if it finds that the wife’s own actions have contributed to her husband’s inability to earn.
In this case, the High Court found that the wife’s actions, or rather the actions of her family members, had led to the husband’s inability to work. The altercation between the husband and his brother-in-law and father-in-law had resulted in the husband being shot, leaving him with serious injuries that made it impossible for him to earn a living. The court held that the wife could not claim maintenance from her husband in these circumstances, as her own family members had contributed to his inability to earn.
This ruling highlights the importance of considering the circumstances surrounding a husband’s inability to earn when determining maintenance claims. While a wife has the right to claim maintenance from her husband, this right is not absolute, and the court must consider all the facts and circumstances of the case before making a decision.
The concept of maintenance is an important aspect of family law in India, and it is designed to provide financial support to a spouse who is unable to earn a living. However, this concept must be balanced against the need to ensure that spouses do not take advantage of each other. In cases where a wife’s actions or omissions contribute to her husband’s inability to earn, it is only fair that she should not be entitled to claim maintenance from him.
The Allahabad High Court’s ruling in this case is a significant development in the law of maintenance in India. It highlights the need for courts to consider all the facts and circumstances of a case before making a decision on maintenance claims. It also serves as a reminder that the right to claim maintenance is not absolute, and that spouses have a responsibility to act in good faith towards each other.
In conclusion, the Allahabad High Court’s ruling that a wife cannot claim maintenance from her husband if her actions or omissions contribute to his inability to earn is a significant development in the law of maintenance in India. This ruling highlights the importance of considering the circumstances surrounding a husband’s inability to earn when determining maintenance claims, and it serves as a reminder that spouses have a responsibility to act in good faith towards each other.
News Source: https://repository.inshorts.com/articles/en/PTI/dbbe1fad-7e39-43f2-8728-ba0777cf95e5
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