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'Unique circumstances': Allahabad High Court's big verdict — wife can't claim maintenance if…

The Court ruled that a wife cannot claim maintenance if her family’s criminal act permanently disables her husband’s earning ability, citing Section 125 of the Criminal Procedure Code.

  • The Allahabad High Court in Prayagraj dismissed the wife's revision petition seeking maintenance, a decision reported on January 24, 2026.
  • On May 7, 2025, the Kushinagar family court rejected the wife’s interim maintenance plea after her father and brother allegedly shot Singh at his clinic, lodging a pellet that risks paralysis if removed.
  • Justice Lakshmi Kant Shukla examined Section 125 CrPC and held that if a wife or her family causes the husband's incapacity, she cannot claim maintenance, citing Shamima Farooqui v. Shahid Khan .
  • By denying maintenance, the judgment prevented a claimant profiting from violence, as the court ruled a spouse cannot "take advantage" and cause "grave injustice" to the husband.
  • By emphasising conduct, the court positions itself to scrutinise future claims under Section 125 CrPC, narrowing maintenance assumptions where claimants' conduct or relatives destroyed earning capacity.
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The New Indian Express broke the news in India on Friday, January 23, 2026.
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