Maintenance Cases In Favour Of Husband

Alimony also called spousal support or maintenance could be understood as a legal obligation to provide financial support to one’s spouse before or after the divorce or marital separation. 

Today’s society treats both man and  woman equally, hence the burden of providing alimony could also fall upon either of the parties based on their financial conditions. In the present age both man and woman are equal before the law, however, practically, men are more liable to provide interim support to his ex-wife during the litigation procedure. After the divorce has been granted, either party can file for alimony, which could be granted by the court based on the financial conditions and circumstances of the spouses. To seek related legal provisions as well as legal opinions available to you for the matter of maintenance, you shall seek legal advice from an experienced divorce lawyer near you.

Legal Provisions

As per the legal provisions of Hindu Marriage Act, 1955, the husband has the right to claim maintenance. Section 24 of the Act providesThe provision for maintenance while the proceedings are still pending in the court of law has been provided under  Section 24 of the Act, while Section 25 of the Act provides for the husband’s right to get permanent alimony and maintenance. The term “maintenance” here includes things like food, shelter, clothing as well as other necessities to sustain the life of the petitioner. For further information related to the provision of maintenance, or to seek free various legal advice related to your case, it is advised that you seek the legal opinion from an experienced divorce lawyer.

•  Section 24- a “deserving man”, who is not independent or has sufficient living support or could not afford necessary expenses for the proceedings in the court, can file for an interim maintenance application under this provision.
• Section 25- the option for permanent maintenance could be allowed to the husband through this provision. The wife shall be obligated to pay such a gross amount of alimony to the husband either as a monthly sum or as some periodical sum. If there is any change in the circumstances of the parties, found by the court, any such change could be made by the court in its decree for maintenance.

Quantum of maintenance

The law does not provide for any fixed amount of maintenance to be provided. It shall be the discretion of the court to decide as to what amount of maintenance should be paid. The amount of maintenance which is required to be paid is decided on various grounds, some of which have been mentioned below-

The reasonable claims and needs

the claims of the husband should be reasonable and should be in accordance with the standard of necessities in their lives. The court will also keep in mind the earning capacity of the wife, so that no unnecessary burden is put upon her.

Income and the other properties of the husband

all sources of income of the husband will be considered by the court before deciding the case of maintenance. If the income generated from these sources are enough, the application for maintenance shall  be denied by the court, however in case the sources of earning of the husband are not substantial and he is not able to support himself, in this case, an appropriate amount of maintenance to be provided to him shall be ordered by the court.

Role of the Judiciary

• The High Court of Kerala in the case of [Navya V M v Shivaprasad M K, 2017(2) KLT 803], decided that if the husband is granted with maintenance in the absence of any disability, even if there is no source of income, such a decision would promote idleness. To seek maintenance from his wife, the husband has to prove his disability to earn his sustenance in the court of law.
• In the case of [Kamelandra Sawarkar v Kamelandra AIR 1992 Bom493], it was decided by the High Court of Bombay, that the husband should not completely depend upon his wife’s income. The husband, if he is able to work and earn for himself, granting him maintenance in such a situation will only promote idleness.

Conclusion

It can be inferred from the above discussion that it is not a general practice in the country to provide maintenance to the husband from their wives who are earning, when the husbands are capable of earning. The legal provision under the Hindu Marriage Act, 1955, provides for maintenance to husband only if the husband is completely unable to support himself. As already mentioned in the above article, only a “deserving man” should be allowed with maintenance.

Though the maintenance law is a gender neutral law, however, it does not support idleness in the society, also the permission of maintenance should be provided by keeping in observation the financial situation of both the parties, hence it could be deduced that the court provides for the maintenance based on the facts of every case. If you wish to seek legal opinion or advice for the case related to maintenance from your spouse, it is advised to contact an experienced divorce lawyer.

Lead India offers you a wide pool of experienced advocates who have been successfully handling issues related to maintenance, divorce, child support, custody of children, etc. In order to ask a legal question to a lawyer or seek free legal advice online regarding your case, you may contact us.