Particle.news
Download on the App Store

Allahabad High Court Rejects Wife’s Maintenance Revision Plea, Citing Family-Caused Incapacity to Earn

The court applied Section 125 CrPC through the Shamima Farooqui precedent, concluding the husband lacked earning capacity due to injuries attributed to the wife's relatives.

Overview

  • On January 23, 2026, Justice Lakshmi Kant Shukla dismissed the woman’s criminal revision seeking interim maintenance.
  • The ruling upholds the May 7, 2025 order of the Kushinagar Family Court that had denied interim relief under Section 125 CrPC.
  • Court records state the husband, a homoeopathic doctor, was shot at his clinic on April 13, 2019 by the wife’s brother as her father was present, leaving a pellet lodged in his spinal cord.
  • Medical advice warned that removing the pellet risked paralysis, and the court accepted he cannot sit for long or sustain employment.
  • The judge termed maintenance in these circumstances a grave injustice and recorded the matter as Vineeta v. Dr Ved Prakash Singh (2026 LiveLaw (AB) 37).