- 21-Dec-2024
- Family Law Guides
Yes, a husband can claim alimony or maintenance if his wife abandons the marriage, under certain legal provisions in Indian law. While it is more common for women to seek maintenance from their husbands, Indian family law is gender-neutral in this regard and allows men to seek alimony under specific conditions, including cases of abandonment, desertion, or financial dependency.
When a wife abandons the marriage, it may create a situation where the husband is left in a state of financial vulnerability, especially if he was the dependent spouse or if he has not been able to support himself due to the wife’s abandonment. Courts evaluate the claim for alimony based on several factors, including the cause of abandonment, the husband’s financial need, and the wife’s ability to pay.
Desertion is a ground for divorce under the Hindu Marriage Act, 1955 (HMA), but it can also be a reason for the husband to claim maintenance. If the wife leaves the matrimonial home without reasonable cause or consent of the husband and without intention to return, she may be considered to have abandoned the marriage.
In such cases, the husband can argue that the wife’s abandonment has left him in a state of financial distress, which may justify his claim for maintenance or alimony.
Section 9 of the Hindu Marriage Act addresses restitution of conjugal rights, meaning the husband can seek a legal order for the wife to return if she abandons him without just cause. However, if the wife continues to refuse, the husband may then claim maintenance.
If the husband was financially dependent on his wife or had a role in the marriage that made him unable to support himself after the wife’s abandonment (for example, he was a homemaker), he may seek alimony under Section 25 of the Hindu Marriage Act.
This section allows the husband to claim permanent alimony based on his financial condition and the wife’s ability to provide support. Courts will assess whether the husband is capable of maintaining himself after the wife’s abandonment, and whether the wife has the means to support him.
Under Section 125 of the CrPC, a husband can seek maintenance if he is unable to maintain himself, and his wife has the ability to support him financially. Section 125 does not require divorce; it applies during separation or desertion as well.
If a wife abandons the marriage without reasonable cause, and the husband can prove that he is unable to maintain himself, the court can order the wife to pay him maintenance.
Example: If a wife leaves her husband without a valid reason, and the husband can demonstrate that he is financially dependent on her (due to factors like age, illness, or being a homemaker), he may claim maintenance under Section 125.
Courts have recognized that a husband, like a wife, may be entitled to maintenance in cases of abandonment or desertion. While not as common as cases where women seek alimony, court rulings have gradually evolved to recognize the rights of men to seek financial support when they are in a dependent or disadvantaged position.
For instance, the Bombay High Court in a case observed that a husband could claim maintenance under Section 125 CrPC when he is unable to maintain himself, and his wife has deserted him without reasonable cause. However, the husband must prove that he is financially unable to support himself and that the wife is capable of supporting him.
To support the husband’s claim, the court will assess the wife’s financial capacity to provide maintenance. If the wife has sufficient income or assets to support the husband, and the husband has no means of sustenance, the court is likely to award maintenance.
The husband may need to provide proof of his inability to maintain himself, such as medical records, job loss documents, or evidence that he was a homemaker and unable to support himself after the wife left.
In cases where the wife abandons the marriage due to domestic violence or abuse, the husband’s claim for maintenance may be supported if he can prove that the abandonment was due to ill-treatment or cruelty. While cruelty or abuse is more commonly cited by women seeking maintenance, men can also claim maintenance if they are victims of domestic violence or abandonment due to abusive behavior.
Section 125 of the Criminal Procedure Code provides for the maintenance of spouses (husbands or wives) who are unable to maintain themselves. In the case of abandonment or desertion by the wife, the husband may file for maintenance, proving that he is unable to sustain himself due to the wife’s actions. This section is meant to ensure that the husband does not suffer financial hardship because of the wife’s refusal to live with him.
Section 25 of the Hindu Marriage Act allows a husband to claim permanent alimony or maintenance after a judicial separation, divorce, or abandonment by the wife. If the husband is financially dependent and the wife is in a position to support him, the court may order permanent alimony.
Under the Domestic Violence Act, the husband can seek maintenance if he is subjected to cruelty or domestic violence by his wife. If the wife’s abandonment is accompanied by cruelty or violence, the husband may seek financial support under this Act as well.
If a husband has been a homemaker for many years and is now financially dependent on his wife, but the wife suddenly abandons him without a valid reason, the husband may file a case under Section 125 of the CrPC for maintenance. To support his claim, he must provide evidence of his financial dependence, such as:
The court will also consider whether the husband has made any efforts to become self-sufficient and whether the wife is in a position to maintain him.
Yes, a husband can claim alimony or maintenance if his wife abandons the marriage, provided he can establish that he is financially dependent and unable to support himself. Indian courts recognize that desertion or abandonment by the wife can lead to the husband being entitled to financial support, especially if he has been financially dependent on her or has no means to sustain himself. The court will evaluate factors like financial dependency, the wife’s ability to support, and the husband’s efforts to support himself when deciding such claims.
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