Can Husband Claim Maintenance from Wife

Introduction

In India, discussions around maintenance (also called alimony) have traditionally focused on women as the recipients of financial support. However, evolving legal interpretations and progressive judicial rulings have begun recognizing that under certain circumstances, even a husband may seek maintenance from his wife. This progressive shift ensures a fair application of the law, based on the needs and capabilities of the individuals involved rather than their gender.

Nayku Legal Services offers expert online legal consultation to individuals—men and women—navigating the complexities of maintenance laws in India.

Understanding Maintenance Under Indian Law

Maintenance is a financial support one spouse may be legally required to provide to the other after separation or divorce. It can be temporary, permanent, or provided on a monthly or lump-sum basis. The main objective is to ensure that a dependent spouse can maintain a basic standard of living post-separation.

Key Provisions Governing Maintenance:

1. Section 24 of the Hindu Marriage Act, 1955 – Provides for maintenance pendente lite (during the pendency of the legal proceedings) and litigation expenses.
2. Section 25 of the Hindu Marriage Act, 1955 – Covers permanent alimony and maintenance.
3. Section 125 of the Criminal Procedure Code (CrPC), 1973 – Provides maintenance for wives, children, and parents.
4. Protection of Women from Domestic Violence Act, 2005 – Often cited by wives but also allows counterclaims.

Although traditionally these laws were interpreted as being favorable to women, Indian courts have affirmed that even husbands can claim maintenance under appropriate circumstances. Nayku provides tailored legal guidance to ensure individuals fully understand their rights under each relevant provision.

Can a Husband Claim Maintenance?

Yes, a husband can claim maintenance from his wife under specific situations. Indian courts have stated that the right to claim maintenance is not gender-biased but need-based. The key factor is whether the claimant is dependent and the other spouse has the means to support.

When Can a Husband Claim?

• The husband is physically or mentally incapable of earning.
• The husband is unemployed due to valid reasons such as disability or economic downturn.
• The wife earns significantly more than the husband and he lacks sufficient means of livelihood.
• The marriage has ended in divorce or separation, and the husband proves financial dependency.

Nayku Legal helps men present strong, evidence-based cases when they feel entitled to support due to genuine need and hardship.

Claiming Maintenance Under Hindu Marriage Act

Section 24 – Interim Maintenance

Either spouse (including the husband) can seek maintenance during the divorce proceedings. The court evaluates:

• The applicant's inability to sustain themselves.
• The other party’s income.
• Just and reasonable expenses.

For instance, if a husband is unemployed due to illness and the wife has a stable job, the court may grant him interim support.

Section 25 – Permanent Alimony

Post-divorce, a husband can apply for lifelong or long-term maintenance. Courts will consider:

• Age and health of the applicant.
• Duration of the marriage.
• Earning capacity of both spouses.

With Nayku’s legal verified advisors, husbands can prepare a strong petition with medical, employment, and financial documentation to support their claim.

Maintenance Under Section 125 CrPC

Section 125 of CrPC is generally used by women to claim maintenance. However, courts have occasionally allowed husbands to seek maintenance in exceptional circumstances—though it’s less common.

For example, a disabled or aged husband may appeal to the court for support from his financially stable wife. Nayku helps you explore this rarely used route with proper legal guidance.

Factors Courts Consider When Granting Maintenance to Husbands

1. Income disparity – If the wife earns substantially more.
2. Health status – If the husband is medically unfit to work.
3. Employment history – Consistency of jobs, qualifications, and layoffs.
4. Marriage duration – Longer marriages often result in higher alimony.
5. Lifestyle during marriage – Courts attempt to maintain standard of living post-separation.

These factors can be addressed in detail during a legal consultation with Nayku’s family law specialists, ensuring a personalized strategy.

How to File a Maintenance Claim as a Husband?

Here’s a step-by-step approach:

1. Consult a legal expert – Understand if your case qualifies.
2. Gather evidence – Income disparity, medical reports, job history.
3. File a petition – Under Section 24 or 25 of the Hindu Marriage Act.
4. Attend hearings – Provide oral and documented evidence.
5. Await court decision – Rely on skilled representation to argue your case.

Nayku's legal portal allows men to easily initiate online consultations and document submission from the comfort of home.

Challenges Faced by Husbands Claiming Maintenance

• Social stigma – Male dependency is still taboo in many parts of India.
• Judicial bias – Some judges may still lean toward women out of societal conditioning.
• Proving inability – The burden of proof is high for men to show they are genuinely dependent.

Legal advisors at Nayku specialize in handling sensitive cases with discretion, empathy, and expertise.

False Assumptions About Men and Maintenance

• "Only women get maintenance" – False. Laws are gender-neutral.
• "Men are always financially independent" – Untrue, especially in disability or recession.
• "Only women sacrifice careers for marriage" – Increasingly, many men do too.

Nayku actively promotes legal literacy around gender equality and maintenance rights through webinars, blogs, and one-on-one guidance.

How Nayku Can Help?

Nayku Legal Services offers:

• Confidential legal consultations
• Assistance in drafting and filing maintenance petitions
• Representation in court by expert lawyers
• Strategic documentation support
• Affordable and online-first process

Whether you're initiating a claim or defending against one, Nayku ensures a fair and professional approach grounded in law.

Frequently Asked Questions (FAQs)

1. Can a husband file for maintenance under CrPC?

Yes, though rare, in exceptional cases such as disability or dependency, courts have allowed it.

2. Is the husband entitled to maintenance if the wife deserted him?

If he can prove dependency and her financial stability, yes.

3. Can a husband get maintenance during the divorce case?

Yes, under Section 24 of the Hindu Marriage Act.

4. Is it socially acceptable for a man to claim alimony?

Though stigmatized, the law supports any financially dependent spouse, regardless of gender.

Conclusion

The law recognizes that maintenance is not about gender—it is about need, equity, and justice. A husband has every right to claim maintenance if he can show genuine dependency and the wife is capable of supporting him. The legal system, while still evolving in practice, is steadily embracing gender neutrality in maintenance cases.

For those seeking clear, professional, and judgment-free assistance, Nayku provides an ideal online platform to understand, claim, or defend maintenance rights online.