Seeking Maintenance as a Husband in Family Court

Traditionally, Indian matrimonial law has focused on protecting women from economic hardship after separation or divorce. However, with the constitutional guarantee of equality (Articles 14 and 15) and evolving judicial interpretation, husbands too can seek maintenance, provided they prove financial dependence or incapacity to maintain themselves.

The principle is simple: maintenance is need-based, not gender-based.

Statutory Provisions Available to Husbands

1. Hindu Marriage Act, 1955 (HMA)

• Section 24 (Interim Maintenance and Expenses of Proceedings)
  Either the husband or the wife, if they have no independent income sufficient for their support, can seek interim maintenance and litigation expenses during matrimonial proceedings.

  • Courts have allowed unemployed or disabled husbands to claim under this section.

• Section 25 (Permanent Alimony and Maintenance)
  At the time of passing a decree (divorce, judicial separation, annulment), the court may grant permanent alimony to either spouse, depending on circumstances like:

  • Income and property of both parties,

  • Conduct of parties,

  • Other relevant factors.

2. Special Marriage Act, 1954

• Section 36 & 37 are similar to Sections 24 & 25 HMA. Either spouse, including the husband, can claim maintenance during and after proceedings.

3. Protection of Women from Domestic Violence Act, 2005 (DV Act)

• DV Act provides reliefs only to women. Hence, husbands cannot seek maintenance under this Act.

4. Code of Criminal Procedure, 1973 (CrPC)

• Section 125 CrPC provides a speedy remedy for “wife, children, and parents.” It does not explicitly cover husbands.

• Therefore, husbands cannot file under Section 125 CrPC.

5. Personal Laws

• Hindu Law: Covered under HMA.

• Parsi Marriage and Divorce Act, 1936: Husband may seek alimony in certain cases.

• Christian Law (Indian Divorce Act, 1869): Either spouse can claim permanent alimony under Section 36 & 37.

• Muslim Law: Generally, maintenance is husband’s duty. However, under equitable principles, some courts have recognized claims of indigent Muslim husbands if the wife is well-off (rare, case-specific).

Judicial Approach

1. Kanchan v. Kamalendra (Madhya Pradesh HC, 1992)

   • Husband sought maintenance under Section 24 HMA.

   • Court held: Husband must prove inability to earn due to physical/mental incapacity; being merely unemployed is not enough.

2. Rani Sethi v. Sunil Sethi (Delhi HC, 2010)

   • Husband sought maintenance under Section 24 HMA.

   • Court allowed maintenance as wife was financially stable while husband was dependent.

3. Bhuwan Mohan Singh v. Meena (SC, 2014)

   • Although concerning wife’s right, the Supreme Court observed that maintenance laws are meant to prevent vagrancy and destitution of spouses, not just women.

Practical Conditions for Husband to Succeed

A husband must show:

• He has no independent income sufficient for sustenance.

• He is incapacitated (by age, health, disability, or genuine inability to earn).

• The wife has sufficient means to maintain herself and him.

• He approaches court with clean hands (not intentionally remaining idle).

Steps to Seek Maintenance in Family Court

1. Filing Petition/Counterclaim

   • If matrimonial proceedings are already pending (divorce, judicial separation, etc.), file under Section 24 HMA (interim) or Section 25 HMA (permanent alimony).

   • If under Special Marriage Act or Christian/Parsi law, cite relevant provisions.

2. Supporting Documents

   • Medical records (if disabled/unfit to work).

   • Income proof of wife (salary slips, business records, property details).

   • Own income details (bank statements, unemployment proof).

3. Hearing

   • Court examines financial capacity of both parties.

   • Interim orders may be passed quickly under Section 24 HMA.

4. Final Decree

   • At conclusion of proceedings, court may grant permanent alimony under Section 25 HMA or equivalent provisions in other laws.

Challenges

• Courts are cautious to prevent misuse; able-bodied husbands cannot shirk responsibility and demand maintenance.

• Social stigma: husbands often hesitate to seek maintenance.

• Requirement to prove incapacity places a heavy burden on husbands.

Conclusion

While maintenance laws in India were primarily designed to protect women, jurisprudence has evolved to recognize that husbands too may require financial support in genuine cases. The Family Courts Act, 1984 empowers courts to deal with such claims under personal laws.

Thus, a husband may successfully claim maintenance in Family Court under Section 24/25 of HMA, Special Marriage Act, or Christian/Parsi divorce laws, provided he demonstrates financial incapacity and the wife’s comparative ability to provide support.