- 19-Apr-2025
- Healthcare and Medical Malpractice
Yes, under certain circumstances, a husband can claim maintenance (also known as alimony or spousal support) from his wife, although traditionally, maintenance claims are often associated with wives seeking financial support. However, under Indian law, the husband may be entitled to maintenance in specific situations, as governed by both statutory laws and personal laws.
Section 125 of the Criminal Procedure Code (CrPC) allows a husband to claim maintenance from his wife if he is unable to maintain himself due to illness, disability, or inability to earn a livelihood.
This provision is gender-neutral and can be used by both men and women. Therefore, if the husband is financially dependent and unable to support himself, he can approach the family court for maintenance.
If the wife is the primary breadwinner and the husband is unable to support himself, the husband can claim maintenance. For instance, in a scenario where the wife has a high-paying job and the husband is either unemployed or underemployed, he may be entitled to financial support.
The court may decide whether the wife is financially capable of supporting her husband and whether the husband is unable to maintain himself.
If the husband has physical or mental disabilities, or he is unemployed, and is unable to work or earn a livelihood, he may claim maintenance. This claim would be made under Section 125 of the CrPC, which mandates the wife to provide financial support to the husband if he cannot maintain himself.
The husband must prove that he is financially dependent on his wife due to his inability to work or earn due to a disability or serious illness.
Section 24 of the Hindu Marriage Act, 1955 allows for temporary maintenance to the husband during the course of divorce proceedings, provided he cannot maintain himself during the pendency of the case.
While this is a temporary alimony, the husband may ask the court to grant maintenance if his financial needs outweigh his ability to earn an income.
For example, if the husband has been financially supporting the family for years and the wife is now unwilling to provide support during the separation, the husband may claim temporary maintenance to sustain himself.
If a husband can prove that his wife is financially capable but refuses to provide any support, he may claim maintenance under Section 125 of the CrPC. The court may take into consideration the wife’s financial resources and ability to support her husband.
In this case, the husband must show that he is unable to maintain himself, and the wife has the capacity to provide financial assistance.
Under some personal laws, if the husband is deserted or abandoned by the wife, and he is unable to support himself due to lack of resources or ability to earn, he can claim maintenance.
In some cases, where the husband is emotionally or financially dependent on the wife and she leaves him without any support, he can claim maintenance based on the wife’s desertion. The desertion must be without reasonable cause for the claim to be valid.
While Muslim law primarily allows maintenance claims for women, there are some circumstances where a Muslim husband may also claim maintenance from his wife. For instance, a sick, disabled, or economically incapacitated husband may claim maintenance if the wife is financially stable and is able to provide support.
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, a husband may be entitled to support from his wife if he is unable to maintain himself.
If a wife unilaterally decides to separate from her husband without legal grounds, the husband may claim maintenance under Section 125 of the CrPC or personal laws. For example, if the wife refuses to live with him or kicks him out of the marital home without a valid reason, the husband can seek support if he cannot financially sustain himself.
If the divorce is granted, and the husband is unable to support himself, he may ask for permanent alimony or financial support from the wife under personal laws, such as the Hindu Marriage Act or the Special Marriage Act.
The courts will examine the wife’s financial capability and the husband’s dependency before deciding on the maintenance amount.
A husband who is unable to work due to a severe disability and has no independent income may claim maintenance from his wife under Section 125 CrPC. If the wife is financially well-off and capable of providing support, the court may grant him maintenance.
A husband who has been unemployed for an extended period, with no assets or savings, may seek temporary maintenance from his wife during divorce proceedings under Section 24 of the Hindu Marriage Act, especially if the wife is employed and financially stable.
While it is less common, a husband can claim maintenance under specific circumstances, primarily when he is unable to maintain himself due to disability, unemployment, or financial incapacity. The legal grounds for claiming maintenance will depend on the personal laws governing the parties and the CrPC, but generally, the husband must prove his dependency and the wife’s financial ability to provide support. Courts consider factors like financial resources, health, marriage duration, and the ability to earn before deciding on maintenance claims for a husband.
Answer By Law4u Team
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