No Maintenance if Wife Contributes to Man’s Inability to Earn: HC
In a significant ruling, the Allahabad High Court has stated that if a wife’s actions or omissions contribute to her husband’s inability to earn, she cannot claim maintenance from him. This judgment was passed while hearing a plea by a woman seeking maintenance from her doctor husband, who had become unable to earn due to injuries sustained during an altercation with his brother-in-law and father-in-law.
The court rejected the petition, citing that the wife’s family members had allegedly shot at the husband, leaving him unable to work and provide for his wife. The High Court’s decision highlights the importance of considering the circumstances leading to a person’s inability to earn when determining maintenance claims.
The case in question involved a doctor who had been married to the petitioner. However, the marriage had been tumultuous, and the husband had allegedly been subjected to harassment and violence by his wife’s family members. The situation escalated to the point where the brother-in-law and father-in-law allegedly shot at the husband, leaving him with serious injuries.
As a result of these injuries, the husband became unable to work and earn a living. The wife subsequently filed a petition seeking maintenance from her husband, citing his inability to provide for her. However, the court took a different view, stating that the wife’s actions and those of her family members had contributed to the husband’s inability to earn.
The court’s ruling is based on the principle that a person cannot be expected to provide maintenance if they are unable to earn due to circumstances beyond their control. In this case, the husband’s injuries and subsequent inability to work were directly caused by the actions of the wife’s family members.
The High Court’s decision has significant implications for maintenance claims in India. It highlights the need for courts to consider the underlying circumstances of a case before making a ruling. In this instance, the court recognized that the wife’s family members had played a significant role in the husband’s inability to earn, and therefore, she was not entitled to claim maintenance from him.
This ruling also underscores the importance of considering the principle of contributory negligence in maintenance claims. Contributory negligence refers to a situation where the actions or omissions of one party contribute to the harm or injury suffered by another. In this case, the wife’s family members’ actions had contributed to the husband’s injuries, and therefore, the wife could not claim maintenance from him.
The court’s decision has been welcomed by many as a sensible and fair ruling. It recognizes that maintenance claims should not be automatic and that the circumstances of each case must be carefully considered. The ruling also highlights the need for families to resolve their differences amicably and avoid resorting to violence.
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 one. It highlights the importance of considering the underlying circumstances of a case and the principle of contributory negligence in maintenance claims. The court’s decision is a welcome one, as it promotes fairness and sensibility in the determination of maintenance claims.
News Source: https://repository.inshorts.com/articles/en/PTI/dbbe1fad-7e39-43f2-8728-ba0777cf95e5
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