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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