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Home / Crime and Justice / Court: Criminal act against husband voids wife's support

Court: Criminal act against husband voids wife's support

24 Jan

•

Summary

  • Wife ineligible for maintenance if husband's income loss due to her actions.
  • Husband incapacitated after being shot by wife's relatives.
  • Court ruled against maintenance to avoid grave injustice.
Court: Criminal act against husband voids wife's support

The Allahabad High Court has established a significant legal precedent, ruling that a wife is ineligible for financial maintenance if her own actions or those of her relatives directly cause her husband's incapacitation and inability to earn.

This decision came as the High Court dismissed a revision petition filed by a woman seeking financial support from her husband, who practices homeopathy. The husband's professional life was severely impacted after he was allegedly shot by his father-in-law and brother-in-law during an altercation at his clinic. Evidence presented confirmed that the husband sustained life-altering injuries, with a pellet still lodged in his spinal cord, posing a risk of paralysis if removed.

Presiding Justice Lakshmi Kant Shukla upheld a Kushinagar family court's prior ruling. He emphasized that awarding maintenance under these unique circumstances, where the husband's livelihood was destroyed by the criminal conduct of the claimant's immediate family, would be a grave miscarriage of justice. The court cannot ignore the reality that the wife's kin caused the husband's disability, thereby disqualifying her from claiming support.

Disclaimer: This story has been auto-aggregated and auto-summarised by a computer program. This story has not been edited or created by the Feedzop team.
No, the Allahabad High Court ruled that a wife is ineligible for maintenance if her own actions or those of her relatives directly cause her husband's inability to earn.
The husband, a homeopathy practitioner, was severely injured after being allegedly shot by his father-in-law and brother-in-law, leading to incapacitation and inability to work.
The court denied maintenance because the husband's incapacitation was a direct result of the criminal actions of the wife's kin, and awarding support would constitute a grave miscarriage of justice.

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