Authored By – Manshi Raj, Usha Martin University, Ranchi Jharkhand

INTRODUCTION

In India, maintenance laws have historically focused on supporting women who lack financial security following a separation or divorce. [1]However, with evolving societal perspectives, an increasing number of men are seeking maintenance due to financial hardships. [2]The legal framework has evolved to recognize the rights of husbands who rely on their partners, particularly in situations involving health issues, unemployment, or other valid circumstances.[3] This article explores the legal provisions concerning maintenance for husbands in India, key court rulings, and landmark cases that have shaped this legal entitlement.[4]

Keywords(Minimum 5): Maintenance, Dependent Husband, Section 24 & 25 of Hindu, Marriage Act, 1955, Section 125 CrPC, Judicial Precedents.

MEANING, DEFINITION & EXPLANATION

Maintenance is financial help provided by one spouse to the other to cover essential needs like food, clothing, housing, and medical costs. [5]It is a legal right aimed at avoiding financial difficulties after separation or divorce.[6]

Although maintenance laws were originally intended for women, Indian courts have evolved to allow financially dependent husbands to seek maintenance as well. [7]The legal system offers support to husbands who cannot support themselves due to valid reasons like job loss, disability, or age.[8][9]

Historical Background / Evolution

Historically, maintenance laws in India were rooted in traditional gender roles that positioned men as the primary breadwinners of the family, while women were often seen as dependents who relied on their husbands for financial support. This framework reflected societal norms where men were expected to provide for their families, and women were typically tasked with managing household responsibilities. However, as societal dynamics have evolved, there has been a significant shift in the economic landscape, leading to an increasing number of women achieving financial independence. This transformation has resulted in a more complex interplay of financial responsibilities within marriages, where situations may arise in which husbands find themselves in need of financial assistance from their wives due to various economic challenges.[10]

Initially, Section 125 of the Code of Criminal Procedure (CrPC) was designed to provide maintenance solely for wives, children, and parents, reinforcing the notion that financial support was a one-way street, primarily flowing from men to women and dependents. However, as societal attitudes began to shift and the roles of women in the workforce expanded, legal frameworks started to adapt to these changes. The Hindu Marriage Act of 1955 marked a significant turning point, as it began to recognize the need for equitable treatment in matters of maintenance, allowing for the possibility of husbands who are financially dependent on their wives to seek support.[11]

Furthermore, various court rulings over the years have played a crucial role in interpreting and expanding the scope of maintenance laws. These rulings have acknowledged that dependency can be mutual and that financial support should not be exclusively the responsibility of one gender. [12]The judiciary has increasingly recognized that men, too, can find themselves in vulnerable financial situations, whether due to job loss, health issues, or other unforeseen circumstances.[13]

The Protection of Women from Domestic Violence Act of 2005 further broadened the understanding of maintenance by explicitly allowing husbands to request financial support if they are struggling due to issues arising within the marriage. [14]This legislative change reflects a growing recognition of the complexities of modern relationships and the need for legal provisions that address the realities of both partners’ financial situations. It underscores the idea that maintenance is not merely a matter of gender but rather a reflection of the economic interdependence that can exist within a marriage.

In short, the evolution of maintenance laws in India illustrates a significant shift from traditional gender roles to a more nuanced understanding of financial dependency and support within marriages. As society continues to change, it is essential for legal frameworks to adapt accordingly, ensuring that both men and women have access to the support they need in times of financial difficulty, thereby promoting fairness and equality in marital.[15]

Comparison with other Countries

In many places, maintenance laws treat both spouses equally, allowing either the husband or wife to request financial help after a separation or divorce. In the U.S. and the U.K., courts look at both spouses’ financial situations before deciding on spousal support. If the husband relies on his wife’s income, he may receive maintenance.[16]

In Australia and Canada, maintenance is determined by financial need. If a husband cannot support himself due to job loss, illness, or other valid reasons, he can ask for financial support from his wife. [17]Courts consider factors like how long the couple has been married, their income differences, and responsibilities like child care when making their decisions.

In India, while laws permit husbands to seek maintenance, social stigma often prevents men from doing so. Courts usually grant maintenance to husbands only in rare situations, such as when they cannot work due to health issues or lack of income. Unlike in Western countries, where it is more common for men to receive maintenance, Indian courts are still changing their views on spousal support for husbands.[18]

Types Maintenance for Husbands

Maintenance for husbands can be classified into different types based on the purpose and duration of support.

• Interim Maintenance – This is short-term financial help provided to the husband during the divorce process. [19]For instance, if the husband loses his job and has no income while the divorce is happening, the court might require the wife to give him financial support until the case is resolved.[20][21]
• Permanent Maintenance – This is long-term financial help given after the divorce is complete. If the husband is physically unable to work, the court may order the wife to pay him monthly or a one-time financial amount.[22]
• Rehabilitative Maintenance – This is temporary support aimed at helping the husband gain financial independence. For example, if he needs money for education or job training after the divorce, the court may require the wife to assist him for a specific time.[23]
• Compensatory Maintenance – This is provided when the husband has given up his career for the wife’s benefit. For example, if he left his job to manage the home while she focused on her career, he might qualify for maintenance.[24]

Legal Provisions Governing Maintenance for Husbands

Indian law includes rules that let husbands request maintenance in certain situations. These rules help provide financial support for spouses who cannot support themselves.

1. Hindu Marriage Act, 1955

Section 24: If a husband lacks sufficient income to support himself during a legal matter like divorce, he can request financial support from his wife. For instance, if a husband is out of work and his wife has a good job, the court might require the wife to give temporary financial help until the case is resolved.[25]

Section 25: If the husband remains financially unstable after the divorce, the court may award him ongoing support from his wife. [26]For example, if a husband is elderly, ill, or disabled and has no income, the court could mandate that his wife provide him with monthly payments or a one-time financial settlement.[27][28]

2. Code of Criminal Procedure (CrPC), 1973

Section 125: This section primarily focuses on providing support for wives, children, and parents. However, courts can also grant maintenance to husbands in certain cases. 

For instance, if a husband relies entirely on his wife because of a severe illness or disability, and the wife has a steady income, the court might require her to offer financial assistance.

3. The Protection of Women from Domestic Violence Act, 2005

This law mainly safeguards women against domestic violence and also acknowledges “economic abuse.” In some situations, husbands can seek financial help if they have been financially taken advantage of. For instance, if a husband had to quit his job and relied solely on his wife’s earnings, the court might look into his situation and provide him with financial support.

Important Court Cases on Maintenance for Husbands

Indian courts have acknowledged that maintenance is not only for wives; it can also be given to husbands in special circumstances. The two cases below show instances where husbands received maintenance due to financial reliance and health issues.

Rohit Dutta v. State of UP (2019)

The Allahabad High Court decided in favor of a husband who had a serious health issue that stopped him from working. Since he relied on his wife for financial support and had no other income, the court ordered her to pay maintenance.

For example, if a husband suffers from a serious condition like paralysis and cannot work, and his wife has a steady job, the court might require her to help with his medical and living costs. This ruling highlighted that maintenance is not just for women; men who truly need financial assistance due to health problems can also seek support.

Sunita Kachwaha v. Anil Kachwaha (2014)

The Supreme Court of India made a significant point: maintenance is not limited to one gender. The court noted that if a husband relies on his wife for financial support and cannot take care of himself, he can request maintenance just as a wife can.

For example, if a husband is out of work and cannot secure employment while his wife has a good job, he may qualify for maintenance if he shows he is in financial trouble. This ruling emphasized that maintenance should depend on financial need, not gender, encouraging fairness in family law.

Essentials for Granting Maintenance to Husbands

A husband must show specific important factors to get maintenance from his wife. Courts do not give maintenance without checking; they look at if the husband really needs financial help and if the wife can provide it. Here are the key criteria.

1. Financial Dependency

The husband needs to prove that he relies on his wife for financial support and cannot take care of himself. This can happen for several reasons:

• Unemployment – If the husband is out of work and has tried hard to find a job, he might be able to receive maintenance. However, the court will look at his skills and job prospects.
• Illness or Disability – If the husband has a serious health issue or disability that stops him from working, he can ask for maintenance.
• Old Age – If an older husband has no income and no help from family, relying completely on his wife, he may be eligible for maintenance.

Example: A husband who used to be the main provider for the family gets injured in an accident and can no longer work. If his wife has a steady job, he might be entitled to financial support.

2. Wife’s Financial Stability

For a wife to receive maintenance, she needs to be financially secure. This includes:

• Having a reliable and adequate income from work, business, or assets.
• Her income should be greater than her husband’s, or she should have better financial means to offer support.
• The financial demands on her should not be too heavy, allowing her to provide maintenance without significant difficulty.

For Example, if a husband loses his job and his wife is a well-paid doctor, the court might require her to pay maintenance if the husband can show he is struggling financially.

3. Genuine Need (No Malafide Intent)

The husband needs to show that his request is real and sincere. Courts will not approve maintenance if:

• The husband chooses not to work when he can earn money.
• He has secret income but pretends to be in financial trouble.
• He is taking advantage of the law to unfairly pressure his wife.

For instance, if a husband leaves his job without a good reason and asks for maintenance while being educated and able to work, the court might turn down his request. Likewise, if he has received an inheritance but keeps it hidden, his maintenance claim could be denied.

The court looks closely at these factors before giving maintenance to a husband. If he truly cannot support himself and his wife has enough money, maintenance may be granted. However, claims made with bad intentions or without good reasons are likely to be rejected.

Exceptions: When a Wife Can Refuse to Pay Maintenance to Her Husband

In some cases, a wife does not have to support her husband financially. Courts look closely at the situation before deciding on maintenance. If the husband does not fulfill the necessary conditions, his request can be denied. Here are the main exceptions:

1. Husband Has Sufficient Income or Assets

A husband who has sufficient income or financial means to support himself cannot ask his wife for maintenance. [29]Maintenance is intended for those who truly need financial help. [30]If the husband is employed, owns assets, or has other income sources, he should be able to support himself.[31][32]

For Example, if a husband has a rental property that gives him regular income but still seeks maintenance from his wife, the court might deny his request since he is financially self-sufficient.[33][34]

2. Husband is Involved in Adultery, Domestic Violence, or Cruelty

A wife does not have to pay maintenance if her husband is at fault for:

• Adultery – If the husband is involved in an affair, the court may not allow him to receive financial support.
• Domestic Violence – If the husband has physically, emotionally, or mentally abused his wife, he cannot ask for maintenance from her.
• Cruelty – If the husband has treated his wife poorly, like harassing her for dowry or causing her mental distress, the court may deny his request for maintenance.

For Example, if a husband is found guilty of domestic violence against his wife and then tries to claim maintenance, the court may refuse to provide him with financial support due to his abusive behavior.

3. Fraudulent or Bad-Faith Claim

If a husband submits a maintenance claim with dishonest motives, the court may reject it. Judges look closely at whether the claim is real or intended to unfairly pressure the wife. A claim is seen as fraudulent if:

• The husband chooses to stay unemployed when he can work.
• He conceals his actual financial situation and falsely claims to be poor.
• He misuses legal rules to bother or intimidate his wife.

For example, if a husband quits his job on purpose and refuses to seek work, expecting his wife to support him, the court may deny his maintenance request if it finds he is capable of earning money but simply chooses not to.

The law permits husbands to seek maintenance in specific situations, but it also safeguards wives from unfair requests. If the husband is financially secure, has acted wrongly, or makes a false claim, the court can deny his request for maintenance.

Challenges & Societal Perspective on Maintenance for Husbands

Husbands can ask for maintenance under some conditions, but they encounter many difficulties. These issues arise from societal views and legal processes, which can make it hard for men to get financial help from their wives.

1. Social Stigma

In society, there is a common belief that men should be financially self-sufficient and support their families. As a result, many men feel uncomfortable or ashamed to seek financial help, even when they truly need it. They might worry about being judged or seen as weak or unable to take care of themselves.

For instance, a man might lose his job due to a serious illness and struggle to make ends meet. Still, he may hesitate to ask for financial support because he is concerned about how his family and friends will react.

2. Judicial Discretion

Maintenance for wives is clearly defined by law, but maintenance for husbands is not always assured. Courts make decisions based on their understanding of the law, leading to varying opinions among judges. Some judges might agree to provide maintenance to a husband, while others might deny the request depending on the situation.

For instance, one court might award maintenance to a husband with a disability, while another court could deny it, arguing that the husband is capable of supporting himself in some way.

3. Burden of Proof

A husband seeking maintenance must show clear proof of his financial dependence on his wife. He needs to demonstrate that:

• He cannot work because of health problems, a disability, or being elderly.
• He has no other income or savings to take care of himself.
• His wife has enough money to support him.

This can be challenging, as he must persuade the court that his need is real. If he does not provide sufficient evidence, his request could be turned down.

For instance, if a husband says he is out of work and needs support, but the court discovers he has concealed assets or is deliberately avoiding employment, his request may be denied.

CONCLUSION

Indian law permits husbands to request maintenance, but social stigma and legal hurdles complicate this process. Many men are reluctant to seek support because of traditional views. Even when they do, they must show clear evidence of their financial need. Courts evaluate these cases based on individual situations, leading to unpredictable results. To promote fairness, society must acknowledge that financial dependency can impact anyone, regardless of gender, and legal measures should be equally enforced for both husbands and wives.

REFERENCES

1. Books / Commentaries / Journals Referred
   1. Mulla’s Hindu Law – A widely used legal commentary on Hindu personal laws, including maintenance provisions.
   2. Family Law Lectures by Dr. Poonam Pradhan Saxena – Covers maintenance laws under various personal laws in India.
2. Online Articles / Sources Referred
   1. “Maintenance Rights of Men in India” – LiveLaw (livelaw.in)
   2. “Can a Husband Claim Maintenance?” – SCC Online (scconline.com)
3. Cases Referred
   • Rohit Dutta v. State of UP (2019) – Allahabad High Court granted maintenance to a husband due to a medical condition.
   • Sunita Kachwaha v. Anil Kachwaha (2014) – Supreme Court ruled that maintenance is not gender-specific and can be granted to dependent husbands.
4. Statutes Referred

• • Hindu Marriage Act, 1955 – Sections 24 & 25 provide for maintenance to spouses, including husbands.
  • Code of Criminal Procedure (CrPC), 1973 – Section 125 allows maintenance claims under special circumstances.

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[12] Priyanka Chakraborty, “The Link between Culture and Gender Roles” (Dhaara, August 27, 2023) <https://dhaaramagazine.in/2023/08/27/the-link-between-culture-and-gender-roles/> accessed January 30, 2025.

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[34] Emmanuelle HALABI, “Family Reunification : Change in Income Conditions” (Le Cabinet d’Avocats Halabi & Associés, June 9, 2022) <https://www.avocat-halabi.com/en/2022/06/09/family-reunion-change-in-income-conditions/> accessed January 31, 2025.