Can Husband claim Maintenance under Indian Law
YES, Husband can claim Maintenance under Indian law
According to the Hindu Marriage Act of 1955, husbands have the legal right to demand maintenance from their wives. According to Section 24 of the Hindu Marriage Act, the husband would be paid for both his legal fees and maintenance of pendente lite.
Maintenance law is a gender-equal law under the Hindu Marriage Act as it provides the right to Maintenance to both husband and wife
In our Indian society/ culture, the notion and acceptability of a wife/ Female Partner in a married relationship receiving maintenance is a normal phenomena and widely accepted norm, but the majority of the population is unaware of the fact that Indian law also provides provisions for the husband’s rights for maintenance and this is because of the fact is bases on equity and non biasness and the principle of equality before the law, both the wife and the husband have the right to seek/ ask maintenance within the terms of the law, however the said right is subject to certain conditions.
A definition of “maintenance” has a wide interpretation according to the provisions provided under the Indian legal system. The best apt and precise definition of Maintenance Laws In India has been given under Section 3 (b) of the Hindu Adoption & Maintenance Act, 1956, which reads as under:
“in all cases, provisions for food, clothing, residence, education and medical attendance and treatment; in the case of an unmarried daughter, also the reasonable expenses of an incident to her marriage.” The general meaning of maintenance means to support or sustenance.
The objective of maintenance is to provide the struggling husband or the wife financial assistance who don’t have any sufficient independent financial source for his or her support and expenses on basic needs because of their incapability or any disability to earn.
In the case of Nivya VM Vs Shivaparsad MK the Kerala High Court held that if the husband is provided Maintenance in the absence of incapability for him to work, it will promote idleness. The husband has to prove that he is permanently disabled to work and earn; only then he can claim Maintenance.
In the case of Rani Sethi VS Sunil Sethi, the trial court, according to the circumstances and facts of the case, held that the wife has to pay Maintenance and directed her to pay to the respondent Rs. 20,000/- and Rs. 10,000 as litigation expenses and also directed to provide him Zen car for his use and convenience. Hon’ble High Court of Delhi Upheld the judgment