Indian
law is based on equality between the husband and wife, hence both husband and
wife are entitled to claim maintenance according to the law, but there are some
conditions on the husband's right to claim maintenance. But, most husbands
don't know that legally they have also the right to claim Maintenance.
Maintenance
is the periodic financial support to the spouse who is unable to maintain herself/himself.
It means Maintenance can be paid monthly, annually or as directed by the Court
of law, but it cannot be paid in the form of property.
If
husband cannot support himself financially then he can claim maintenance from
his wife who is financially well-off and earning more than her husband.
Laws
under which Husband can claim Maintenance:
The
Hindu Marriage Act, 1955 gives a right to husband for claiming the maintenance
from his wife.
Section
24 of the Hindu Marriage Act gives right to husband for claiming maintenance
pendente lite and expenses of the proceedings.
If
you not having an independent income sufficient for your living and support and
don't have the necessary expenses for the proceeding, then you can claim
Maintenance from your wife if she can afford to do so.
You
can move an application/petition under the Section 24 of Hindu Marriage Act
1955, for granting maintenance before the family Court, after stating that you
are not having any source of income and unable to maintain yourself, and
thereby pray to the Court for directing your wife to provide you maintenance
and support such gross sum or such monthly sum from her own income and
property.
The
Court after satisfies that you have no independent income from any sources and
your wife's income is enough to support you , may direct her to pay the
expenses of proceeding and monthly maintenance during the proceedings of the
petition filed by you.
Under
Section 25 of the Hindu Marriage Act, a husband has the right to get permanent
alimony and maintenance from his wife.
Further
the said Court under Section 25 of the Act may direct your wife to pay such
gross sum or monthly or periodical sum during your life time after keeping the
income and property of your wife. The Court also has the right to modify the
dully passed order if found any changes in circumstances.
Further,
no agreement between the parties can prevent the Court from granting
maintenance to the husband.
Delhi
High Court on 31st March, 2011 in the matter of Smt.Rani Sethi Versus Sunil
Sethi bearing CM (M) 169/2009, directed the wife to pay maintenance to her
husband @ Rs.20,000/- and Rs.10,000/- as litigation expenses and also to
provide a Zen Car for the use of husband.
However, you can only claim maintenance from your wife if you are genuinely
unable to earn money, as a husband who is idle and does not want to work will
not get any maintenance from his wife.
As
per Kerala High Court judgment in the matter of Nivya Verses M V Shiva Prasad,
OP (FC).No. 26 of 2015 (R) , decided on 14.02.2017 held that , A capable
husband remaining idle cannot claim maintenance and unless he establish that he
is permanently disabled from getting any income he cannot seek maintenance from
his wife.
Except Hindu Marriage Act, 1955, there is no other law which provides maintenance to the husband from his wife, and there is also no provision in any personal law of Muslim, Christian where husband can claim maintenance from his wife.
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