- Under Hindu Marriage Act, 1955 (HMA):
- Section 24, Hindu Marriage Act, 1955: This allows interim (pendente-lite) maintenance and litigation-related expenses if the husband does not have an independent income sufficient for his support and the wife has the ability to pay
- Section 25, Hindu Marriage Act, 1955 : This allows the court to order permanent alimony or maintenance to a husband, possibly as a lump-sum or periodic payment, if the husband proves he lacks means to support himself and the wife has adequate resources. The court considers incomes and properties of both spouses, conduct, and other circumstances.
- Financial dependence or inability to earn: The key criterion is that the husband is genuinely in need e.g., he’s unemployed, underemployed, physically or mentally unable to earn, elderly, or otherwise incapable of self-support and the wife has the means to support him.
- During divorce/separation proceedings: Even before a final divorce decree, under Section 24, a deserving husband can request maintenance to cover basic needs (food, housing, clothes, medical care) plus legal/litigation expenses.
When a husband typically cannot claim maintenance
- If he’s capable of earning but chooses not to: Courts have often denied maintenance to husbands who are physically and mentally capable of earning but remain idle, even if their business failed or they are temporarily unemployed.
- If the husband has independent income sufficient for maintenance: Maintenance under Section 24 or 25 won’t be granted if the husband earns enough to sustain himself.
- In traditions/laws outside HMA: Many maintenance-related laws (for example Criminal Procedure Code, 1973 Section 125) typically enable only wives (or dependents like children or parents) to seek maintenance; husbands are not covered under such statutes.
What courts examine to decide maintenance claims by husband
When deciding whether to grant maintenance to a husband, courts typically consider:
- Whether the husband has no or inadequate independent income.
- Whether the wife has sufficient income or property/assets to support maintenance.
- Whether the husband is unable to earn (due to age, illness, disability, etc.).
- Whether the husband’s claim is made genuinely or is a result of idleness or unwillingness to work.
- Overall conduct of both spouses, their living standard during marriage, needs, and fairness in view of mutual incomes and assets.
Why this is not common, even if legally available
Despite the legal provisions, in practice the number of husbands claiming maintenance remains low because:
- Many husbands are capable of earning or expect to earn, making them ineligible.
- Courts are reluctant to grant maintenance if they believe a person is capable of earning but chooses not to.
- Social norms often associate maintenance with wives (and dependents), so husbands may hesitate to claim.
- Several maintenance laws (CrPC, HAMA, etc.) apply only to wives outside the HMA there’s no universal “gender-neutral” maintenance entitlement.