Can husband claim Maintenance in Divorce?

In India, like marriages and divorces, maintenance is governed under personal laws and varies with different religions. Maintenance is financial support given by either of the spouses and most commonly by the man or husband, by an order of the court for maintaining and supporting the living expenses of his parents, wife, and children. Let me alert you that a wife loses the right to claim maintenance if she is living in adultery.

Before we know about the provisions governing maintenance where the husband has the right to claim maintenance let us take a look at who can claim maintenance and under what grounds.

Who is eligible to claim and get maintenance?

Code of Criminal Procedure,1973 makes a universal provision of maintenance in Section 125 under which the following individuals are eligible to claim and get maintenance irrespective of the provisions of maintenance in personal laws.

·   A wife from her husband;

·   Legitimate or illegitimate minor children, whether married or not, from their father;

·   Legitimate or illegitimate children (differently-abled physically or mentally) from their father, provided such child is not a married daughter;

·   Father or mother unable to maintain themselves from their son;

·   Minor female child till she attains majority

Grounds for claiming maintenance

Section 18 of the Hindu Adoption and Maintenance Act 1956, makes provision for the wife to get maintenance on the following grounds even though she is not living with her husband anymore.

·   If the husband has deserted or wilfully neglected his wife;

·   If the husband has been held guilty of cruelty;

·   If the husband is suffering from leprosy;

·   If the husband is held liable for bigamy;

·   If the husband has converted to another religion without the consent of his wife.

Provisions of maintenance for husband

In this section, you will get fair knowledge on provisions of maintenance where the husband has the right to claim maintenance and the factors that influence the amount of maintenance that is to be paid to the husband. 

Section 24 of the Hindu Marriage Act 1955 makes provision where either husband or wife can apply for interim maintenance. Interim maintenance is the maintenance that is payable from the date of the petition till the dismissal of the suit or a decree has been passed. It is meant for meeting the immediate needs of the petitioner.

Both the section 24 and 25 makes provision for husband’s right to claim Maintenance from their wives. In addition to the provision under section 24 mentioned above, a ‘deserving man’ having no sufficient income to support his livelihood or do not have enough necessary expenses for the proceedings has the right to claim maintenance from his wife.

Permanent alimony and maintenance is also allowed to the husband under section 25 of the Act. A gross amount of sum or monthly sum is ordered to be paid to the husband by the wife. This order is subject to modification by the court in case of change in circumstances. 

When maintenance is claimed by a husband, the husband must prove to the court that he is not able to earn and support his livelihood. 

Factors influencing Quantum of Maintenance

There is no such provision mentioning the sum of maintenance that is paid to the husband claiming maintenance. The amount to be paid is decided by the court depending on several factors. These factors influence the quantum of maintenance.

• Status of the husband and wife- the financial status as well as the position of both the husband and wife is taken into consideration by the court. The earning potential is evaluated along with the status of the parties for fixing the amount of maintenance.
• Reasonable claims by the husband- The claims made by the husband to receive maintenance must be reasonable and appropriate in order to grant maintenance by the court.
• Capability of the wife to earn- The earning capacity of the wife is taken into consideration by the court while determining the amount of  maintenance.

Role of Judiciary

In Shobha Suesh Jumani v Appellate Tribunal AIR 2001 SC 2288 it was held by the Tribunal that a wife even though living separately from her husband is entitled to maintenance during her life under section 18 of the Hindu Adoption and Maintenance Act.

In P. Srinivasa Rao v P.Indira AIR 2002 AP 130, the Court held that a deserted wife is entitled to maintenance, and sections 18 and 20 of the Hindu Adoption and Maintenance Act cannot be interpreted to defeat justice to deserted wife and her dependent children.

Kerala High Court in Nivya V M v. Shivaprasad M K 2017(2) KLT  held that the husband must prove his permanent disability to earn and work in order to claim maintenance. 

In Rani Sethi v.Sunil Sethi 179 (2011) DLT,  the trial court ordered the wife to pay a sum of Rs 20,000 as maintenance to her husband along with Rs 10,000 as litigation expenses. However, the wife appealed the decision of the trial court and approached Delhi High Court. After making the necessary observation of the case the Delhi High Court upheld the decision of the trial court.

Conclusion

Husbands claiming maintenance from wives is not a common scenario specifically when the husband is capable of earning. The provisions laid under the Hindu Marriage Act for husband claiming maintenance is a supportive and gender inclusive statutory provision. However, the husband must fulfill certain conditions as well as satisfy the court of his incapability to work and earn to claim maintenance. There should be more statutory provisions including the right of husband to claim maintenance under other personal laws. 

Claiming the right of maintenance is often a difficult and lengthy process as it includes calculating the quantum of it, analyzing the grounds, etc. For a stress-free way out for claiming maintenance, hire the best lawyers at Lead India who will ensure a favorable outcome. The top-rated lawyers will deal with the matter and the documentation procedures diligently. We offer the service of a wide range of well-experienced lawyers having their expertise in several legal matters. You can also avail of the on-call service to get queries resolved by the lawyers. We also provide online legal advice to expand the reach of our services to clients all over India.