31 Jan 2026 07:40 AM

Maintenance to Wife--Wife Cannot Claim Maintenance Under Section 125 Cr.P.C. Where Her Family's Criminal Acts Rendered Husband Incapable of Earning Livelihood

Under Section 125 CrPC, a wife cannot claim maintenance if her own acts or omissions, or those of her family members, cause or contribute to the husband's incapacity to earn. Granting maintenance in such circumstances would result in grave injustice. A husband's liability to maintain is contingent upon his actual capacity to earn. A wife cannot be permitted to take advantage of a situation where her family's criminal acts rendered the husband physically incapable of working.

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