- 19-Apr-2025
- Healthcare and Medical Malpractice
Yes, there are legal precedents in India where men have successfully won alimony or maintenance cases, although such cases remain less common compared to women claiming spousal support. In India, maintenance or alimony is generally associated with the wife being the dependent spouse, but there are situations where men have successfully claimed maintenance under the country's laws.
Section 125 CrPC provides the legal framework for maintenance claims. It is gender-neutral, meaning both men and women can file for maintenance if they are unable to maintain themselves. While traditionally used by women to claim maintenance from their husbands, Section 125 also allows men to seek maintenance from their wives under certain circumstances, such as when the husband is unable to maintain himself due to financial hardship or health conditions.
The law allows a man to approach the court for maintenance if he can demonstrate that he is financially dependent on his wife or if the wife has sufficient financial resources to support her husband.
Under Section 24 of the Hindu Marriage Act (HMA), both spouses can seek interim maintenance during the divorce proceedings. While this provision is most often used by wives, there have been cases where husbands have sought and received maintenance from their wives. If the husband can prove that he is unable to maintain himself due to circumstances such as disability, unemployment, or other reasons, the court may grant maintenance.
Example 1: The case of Ravindra S. Chavan v. Shilpa Ravindra Chavan (2017): In this landmark case, the Bombay High Court upheld the right of the husband to receive maintenance from his wife under Section 125 CrPC. The husband, in this case, was unable to maintain himself due to health problems, and the court ruled that since the wife was earning well, she was obligated to support her husband. This case set an important precedent, showing that men too can claim maintenance if they are financially dependent.
Example 2: The case of Vinay Kumar Srivastava v. State of Uttar Pradesh (2018): In this case, the Supreme Court of India clarified that maintenance under Section 125 CrPC is not restricted to women and that a man can also claim maintenance from his wife if he is unable to support himself due to any reasonable cause, including ill-health or other valid reasons.
Example 3: The case of Shah v. Shah (2009): The Delhi High Court ruled in favor of a man seeking maintenance from his wife, who was a high-income earner. The court held that gender equality should be maintained in maintenance claims, and as the wife had significant financial resources, the husband was entitled to receive maintenance to meet his needs.
Under the Protection of Women from Domestic Violence Act (PWDVA), 2005, maintenance or financial support is typically claimed by women. However, men can also file for relief under this Act in cases where they are subjected to abuse or financial dependency. For example, if the wife is the sole breadwinner and the husband is financially incapacitated due to illness or other factors, he may claim maintenance under the provisions of this law.
In divorce proceedings, the husband may seek permanent alimony or maintenance if he is able to demonstrate that his wife has significant financial resources, and he is unable to support himself. While this remains relatively rare, it is legally possible for men to claim alimony in such cases.
Social Stigma: In India, there is a strong societal norm that associates maintenance claims with women, as men are traditionally seen as the primary earners. As a result, men may face significant stigma and social pressure when they claim maintenance from their wives.
Proof of Financial Need: For men to successfully claim maintenance, they must prove that they are financially dependent on their wives or unable to support themselves due to legitimate reasons, such as health issues, disability, or unemployment. This often requires medical reports or other evidence.
If a man who is suffering from a chronic illness and is unable to work requests maintenance from his wife, he must provide medical documentation and evidence that he is financially dependent on her. If the wife is financially well-off and able to support her husband, the court may order her to pay maintenance.
While the concept of men receiving alimony or maintenance is still somewhat rare in India, there are legal precedents where men have successfully claimed and won maintenance cases. Indian law, specifically under Section 125 CrPC and the Hindu Marriage Act, provides gender-neutral provisions that allow men to claim maintenance in situations where they are financially dependent or unable to maintain themselves due to factors like illness or disability. Indian courts have recognized the right of men to seek financial support under certain circumstances, thus reflecting a growing recognition of gender equality in the legal landscape.
Men who find themselves in such situations should seek legal advice to understand their rights and pursue claims based on their specific circumstances, keeping in mind the need for sufficient evidence to support their dependency.
Answer By Law4u Team
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