Legal provisions involved: Section 125 Cr.P.C (Section 144 BNSS, 2023)

Judgement by: Allahabad High Court

Judge/Bench: Justice Lakshmi Kant Shukla

Facts

The husband was a homoeopathy doctor running his own clinic. In 2019, the wife’s brother and father allegedly came to his clinic, abused him, and during the fight, her brother shot him. He suffered a serious spinal injury, and a pellet is still lodged in his spine. Doctors warned that removing it could cause paralysis. 

Because of this injury, he cannot sit properly or continue his medical practice, and he lost his income. Later, the wife asked the Family Court for interim maintenance, but her request was rejected. She then approached the High Court.

Key legal provisions

Section 125 Cr.P.C (Section 144 BNSS, 2023)

Issues raised

Can a wife get maintenance when her own family’s actions made the husband unable to earn?

Arguments of the case

The wife argued that her husband is a doctor and should earn. The husband said he became incapable of working due to the gunshot injury caused by her family.

Judgement

The High Court agreed with the lower court. It said a wife cannot claim maintenance if her own side’s actions caused the husband’s inability to earn.

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