Can Maintenance Be Claimed By The Wife?

Introduction

Many people believe that maintenance is a woman’s right, but in Indian law books, it goes beyond gender. This often surprises people and leads to confusion. Maintenance is intended to prevent financial hardship during matrimonial disputes. Indian law is not entirely one-sided. Under certain circumstances husband may also seek maintenance from the wife. In this blog, I explain when a husband can claim maintenance under which laws and under what circumstances such a claim can be rejected.

Meaning Of Maintenance:

The term “Maintenance” under Family Law means “Financial support paid by one party (usually the higher earner) to a dependent spouse, child, or parent to cover essential living expenses like food, shelter, clothing, and education, ensuring they aren’t left destitute after marital breakdown or separation, and is granted based on need, ability to pay, and standard of living. It aims to provide financial sustenance and well-being, preventing poverty, and can be temporary (pendente lite) or long-term, covering basic necessities and reasonable needs for a normal life.

Legal Provisions:

• The term maintenance under family law refers to financial support paid by one spouse to another who is financially dependent. It is meant to cover essential living expenses such as food, shelter, clothing, medical needs, and basic necessities, ensuring that the dependent person is not left destitute after separation or marital breakdown.
• Maintenance is granted based on factors such as financial need, ability to pay, and the standard of living during marriage. It may be temporary (pendente lite) or permanent, and its object is to provide financial sustenance and dignity, not punishment.
• Under Section 24Maintenance pendente lite and expenses of proceedings, if the Husband, who has no Independent Income and doesn’t have the necessary expenses for the court proceedings, can claim maintenance from the wife, if the wife can afford to do so.

• Under Section 25, which allows Permanent Alimony and Maintenance, it empowers the court to grant such a decree after divorce, separation, or annulment of marriage. The main objective is to provide maintenance to the husband after the dissolution of the marriage for their livelihood.

Types Of Maintenance:

Under the Hindu Marriage Act, there are two types of maintenance. They are:

Maintenance Pendente Lite and Litigation Expenses

In any proceedings under this Act, it appears to the court that either Husband or Wife, or the husband as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding.

Thus, under this section, a husband who does not have enough independent income for his support and necessary expenses for the proceedings can claim from his wife if she can provide so.

But if the husband has sufficient income and has no health issues, in such cases court may not allow such a maintenance order.

An application can be filed at any stage of the matrimonial proceedings, and the court may order payment of a monthly maintenance amount along with litigation expenses. The purpose is to allow the financially weaker spouse to maintain a reasonable standard of living and effectively participate in the case.

While deciding maintenance under Section 24, the court considers factors such as the income of the parties, their earning capacity, lifestyle during marriage, and the needs of the applicant. A spouse who is capable of earning but deliberately remains unemployed may not be granted maintenance.

In Manish Jain v. Akanksha Jain (2017), the Supreme Court clarified that Section 24 is meant to ensure equality between parties during matrimonial litigation. The court observed that maintenance should not be excessive or punitive but should be fair, reasonable, and proportionate to the paying spouse’s income.

Permanent Alimony and Maintenance (Sec 25)

At the time of passing any decree or at any time an application is made to it for the purpose by either the wife or by the husband, as the case may be orders the respondent to pay the applicant for her or his maintenance and support, such gross sum or monthly or periodical sum for a term not exceeding the life of the applicant.

Maintenance under Section 25 can be claimed by both husband and wife, as the provision is gender-neutral. The spouse seeking maintenance must show that they do not have sufficient income to maintain themselves, while the other spouse has the financial capacity to provide support. The court does not grant maintenance automatically and examines the genuine need of the applicant.

An application under Section 24 can be filed at any stage of the matrimonial proceedings, and the court may order payment of a monthly maintenance amount along with litigation expenses. The purpose is to allow the financially weaker spouse to maintain a reasonable standard of living and effectively participate in the case.

Section 25 also gives the court the power to modify, vary, or cancel the maintenance order if there is a change in circumstances. If the spouse receiving maintenance remarries or is found to be living in adultery, the court may cancel or reduce the maintenance amount. This ensures that the provision is not misused and remains fair to both parties.

When Can a Husband’s Claim for Maintenance Be Rejected?

Courts generally reject a husband’s claim for maintenance in situations where he is physically fit, professionally qualified, and capable of earning, but deliberately avoids employment. Maintenance is meant to provide support to a dependent spouse, not to encourage idleness or misuse of the law. If the court finds that the claim is filed only to harass the wife or gain undue advantage, such a claim may be dismissed.

Judicial View on Husband’s Maintenance

Indian courts have consistently held that maintenance is based on need and dependency, not on gender. In Manish Jain v. Akanksha Jain (2017), the Supreme Court emphasized that maintenance under matrimonial laws is intended to ensure fairness during litigation and must be reasonable, realistic, and proportionate to the paying spouse’s income.

Earning Capacity of Wife While Granting Maintenance

While determining the amount of maintenance for the husband, the court shall consider the wife’s financial capacity, not to create an unnecessary burden on her. Even if a spouse claims to be unemployed, courts examine their educational qualification, skill and past employment. A capable spouse cannot avoid work or do so out of laziness and seek maintenance as a shortcut.

Conclusion

In general terms, maintenance is an equal right of husband and wife; there’s no such rule that it can be claimed by wives only because of their financial capabilities.

The courts, through various judgments, have emphasized that maintenance is not automatic and depends on factors such as income, earning capacity, lifestyle during marriage, duration of the marriage, and conduct of both parties. It is intended to provide financial security and dignity, not to punish one spouse or create undue advantage for the other. The purpose is to enable the dependent spouse to maintain a reasonable standard of living, meet basic needs, and participate effectively in litigation if necessary.

Ultimately, the principle behind maintenance law is fairness, equity, and protection from economic hardship. By balancing the rights and obligations of both spouses, Indian law ensures that financial dependency does not translate into injustice, and that relief is granted only where genuinely required. Understanding these provisions helps individuals approach matrimonial disputes with clarity, realistic expectations, and awareness of their legal rights and duties.

If you are facing any such legal problems, contact Abhilash Sontake Associates for professional legal guidance.
📞: 720-751-6003