Answer By law4u team
Maintenance, commonly referred to as alimony or spousal support, is a legal provision to provide financial support to a spouse or dependent after separation or divorce. In India, maintenance claims have traditionally been associated with women as recipients. However, recent years have seen a growing awareness of men also filing for and receiving maintenance under certain circumstances, such as cases of cruelty, desertion, or financial dependency. Statistical data on men receiving maintenance provides valuable insights into changing societal and legal dynamics regarding gender roles and support obligations.
Statistical Data on Indian Men Receiving Maintenance
Availability of Data:
Statistical data specific to Indian men receiving maintenance is limited and scattered. Most official records and surveys focus on women as maintenance recipients due to historical social norms and legal frameworks.
Legal Context:
The Hindu Marriage Act, Muslim Personal Law, and other family laws allow men to claim maintenance under certain conditions such as desertion or cruelty by wives, or when men are unable to maintain themselves due to illness or old age.
Trends and Reports:
- Some legal aid organizations and NGOs have highlighted a gradual increase in maintenance petitions filed by men, but quantitative nationwide data is sparse.
- Court records from family courts show cases where men have been granted maintenance, especially where men are unable to earn due to disability or illness.
- National Crime Records Bureau (NCRB) and National Family Health Surveys (NFHS) do not systematically report maintenance statistics broken down by gender.
Demographics:
Men claiming maintenance often belong to vulnerable groups such as elderly men, men with disabilities, or those who have been abandoned by their spouses without financial support.
Research Gaps:
There is a need for comprehensive research and data collection by government bodies and legal institutions to better understand the scale and nature of maintenance claims by men in India.
Legal Protections and Rights for Men Claiming Maintenance
Hindu Adoptions and Maintenance Act, 1956:
Allows dependent parents and children, including men, to claim maintenance.
Section 125 of the Criminal Procedure Code:
Enables both men and women unable to maintain themselves to seek maintenance.
Supreme Court Judgments:
Several judgments have upheld men’s rights to maintenance in appropriate circumstances, reflecting judicial sensitivity towards gender-neutral support laws.
Challenges in Data Collection
Social Stigma:
Men may hesitate to file maintenance claims due to social perceptions and stigma.
Legal Awareness:
Limited awareness among men about their legal rights to maintenance.
Reporting Mechanisms:
Family courts and government agencies often do not disaggregate maintenance data by gender.
Consumer Safety Tips (For Men Seeking Maintenance)
- Consult a qualified family lawyer to understand rights and procedures.
- Maintain documentation of financial dependency and spouse’s desertion or cruelty.
- File petitions promptly in the appropriate family court.
- Use mediation or counseling services where possible to resolve disputes amicably.
- Stay informed about legal amendments affecting maintenance laws.
Example:
Suppose a 55-year-old man suffering from a chronic illness is deserted by his wife without any financial support. Unable to work, he approaches the family court seeking maintenance. Steps he should take:
- Gather medical records and evidence of financial dependency.
- File a maintenance petition under Section 125 CrPC or relevant personal law provisions.
- Attend mediation sessions if suggested by the court.
- If the court grants maintenance, ensure regular follow-ups for enforcement.
- In case of non-payment, report to the court for execution proceedings.
