- 19-Apr-2025
- Healthcare and Medical Malpractice
Under Indian law, a husband can claim maintenance from his wife, including in cases where the wife is wealthy, but the circumstances for such a claim are more specific and depend on various factors, including the husband’s financial situation, his need for support, and the wife’s ability to provide financial assistance.
According to Section 125 of the CrPC, a husband can claim maintenance from his wife if he is unable to maintain himself, and if the wife has the means to provide support.
Historically, maintenance under Section 125 CrPC is mostly awarded to wives, children, and parents, but it is not limited to them. A husband may be entitled to maintenance if he is unable to sustain himself due to reasons such as illness, financial incapacity, or disability, and his wife has the financial means to support him.
The law does not discriminate based on gender; however, traditionally, it has been more common for wives to claim maintenance from husbands, as men are often the primary earners in most households.
The court will have the discretion to award maintenance based on the facts and circumstances of the case. The court will consider factors like the financial standing of both the husband and wife, their respective earning capacities, and the standard of living the couple maintained during the marriage.
If the husband is in a position to support himself but refuses to do so, the court may be less inclined to grant maintenance. The claim for maintenance is generally valid when there is a genuine need, and the spouse from whom maintenance is sought has the ability to provide.
The key consideration is financial dependence, rather than gender. Indian courts have recognized the right of an economically dependent husband to seek maintenance from his wife. For example, in cases where the husband is unemployed, or if he has been subjected to domestic violence, the court may award maintenance, regardless of whether the wife is wealthy or not.
The Domestic Violence Act, 2005 also provides a provision for a husband to seek maintenance from his wife in cases of domestic violence, even if the wife is economically more powerful.
In the event of a divorce, a husband may also claim alimony (which is a form of maintenance awarded after divorce) from a wealthy wife. Under the Hindu Marriage Act, 1955, the husband may claim alimony if he is unable to maintain himself. The court will consider the wife’s wealth, her earning capacity, and her contribution to the marriage when deciding the alimony amount.
Alimony can be awarded in the form of a lump sum amount or monthly payments, depending on the circumstances. Courts may take into account factors like the duration of the marriage, the standard of living during the marriage, and the husband’s financial situation.
If a husband is physically disabled and unable to work, while his wife is a successful businesswoman with substantial wealth, the husband can file a petition under Section 125 CrPC seeking maintenance. The court will likely consider the wife’s ability to pay, the husband’s financial needs, and his dependency on the wife. If the wife has the means to support her husband, the court may grant maintenance.
If the husband is capable of earning and maintaining himself but chooses not to, the court is unlikely to grant him maintenance. The husband’s ability to work, his mental and physical health, and his general attitude towards self-sufficiency will be considered before granting maintenance.
In cases where the husband is financially capable but unwilling to support himself (e.g., due to laziness or unwillingness to work), the court may reject the maintenance claim.
While it is less common, a husband can claim maintenance from a wealthy wife under Indian law if he can prove financial dependence and the wife’s ability to support him. The court will assess the financial condition of both spouses, the husband’s need for support, and the wife’s ability to provide maintenance. As with any legal claim, the outcome will depend on the specific facts of the case and the judicial discretion of the court.
Answer By Law4u Team
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