Wife can’t claim maintenance if her action contributes to husband’s incapacity to earn: Allahabad High Court

The Allahabad High Court has ruled that a woman cannot claim alimony from her husband if his actions or omissions contribute to his inability to earn money.

The court rejected the revision petition of a woman who requested alimony from her homeopathic doctor husband, who was allegedly shot by her brother-in-law and father-in-law during an argument at his clinic.

Upholding the order of a family court in Kushinagar rejecting the wife’s application for maintenance, Justice Lakshmi Kant Shukla observed that granting maintenance in such a scenario would lead to grave injustice, especially in cases where the earning capacity of the man has been destroyed by the criminal acts of the woman’s family.

Ved Prakash Singh was allegedly shot by his wife’s brother and father during an argument at his clinic, leaving him unable to earn money or provide for his wife.

The Supreme Court noted that a pellet fragment remained in the husband’s spinal cord and that a surgery to remove it carried a high risk of paralysis, so he would not be able to sit comfortably or continue his job.

The family court rejected the spouse’s request for temporary alimony on May 7, 2025. The Supreme Court approved this decision, stating that the man’s physical disability was indisputable and was directly caused by the spouse in the family.

“While Indian society generally expects a husband to work and support his family, this case presented unique circumstances,” the bench of Justice Shukla said.

“Although it is a husband’s pious obligation to care for his wife, it is well established that no such express legal duty has been imposed on the wife by any court.” The court stated that in the facts of the present case, prima facie it appears that the behavior of the spouse and family members left the other party unable to earn a living.

“If the wife is unable to support or provide for her husband due to her own act or negligence, she cannot be allowed to take advantage of this situation and demand alimony. In this case, awarding alimony would be very unfair to the husband and the court cannot close its eyes to the truth revealed on record.”