When we hear about our neighbor or someone in the family getting a divorce, we often assume that the husband will have to pay maintenance and alimony to his wife. As a typical Indian family, we often believe that only women (wives) have the right to ask for maintenance and alimony from their husbands. But that is not true—it’s a misconception spread by people who don’t have any idea about divorce law in India.
In this article, we’ll explore the laws that grant men (husbands) the right to claim alimony and maintenance from their wives during divorce. We will also discuss the social challenges men face when it comes to claiming maintenance from their wives.
Laws in India That Allow a Husband to Claim Maintenance from His Wife
Many people think only wives can ask for maintenance, but under Indian law, even husbands can claim it in certain situations. Here are the main laws that allow a husband to ask for financial support from his wife:
1. Section 24 of the Hindu Marriage Act, 1955
This section is for interim maintenance – meaning support during ongoing divorce or separation cases. If the husband doesn’t have enough income to take care of himself and the wife is earning well, he can ask the court for maintenance. The law is not gender-specific, so it applies to both husband and wife.
2. Section 25 of the Hindu Marriage Act, 1955
This is for permanent alimony – money given after divorce is final. If the husband is unemployed, sick, or earning very little, and the wife has enough income, he can request long-term financial support. The court looks at things like income, lifestyle, and health before making a decision.
3. Section 125 of the Criminal Procedure Code (CrPC), 1973
This law is for everyone, no matter which religion they follow. If a husband can’t maintain himself due to illness, job loss, or any valid reason, and his wife can afford to support him, he can apply for maintenance under this section. It’s meant to help anyone who truly needs support.
4. Special Marriage Act, 1954
For couples who marry under this law (usually inter-religion or civil marriages), Sections 36 and 37 allow both husband and wife to claim maintenance. Just like the Hindu Marriage Act, it covers both interim and permanent maintenance depending on the situation.
So we can see there are actually laws that grants right to husband to get maintenance or alimony (depends on their situation) from his wife. But is it really that easy? In next section we will talk about challenges mens face when it’s about them to get financial support from their wives during divorce.
Challenges Faced by Men When Claiming Maintenance
Even though Indian law allows husbands to ask for maintenance, it’s not easy for men to actually get it. There are many hurdles that make the process tough:
1. Society’s Mindset
India is still a purush-pradhan desh (male-dominated country), but when it comes to asking for rights, especially maintenance, people expect only men to earn and provide. If a husband asks for alimony, society starts judging him—calling him weak, useless, or dependent. This pressure stops many men from even thinking about claiming what is legally theirs.
2. Difficulty in Proving Financial Need
For a husband to get maintenance, he has to prove that he genuinely cannot support himself. This is not easy. Courts look at his past jobs, education, assets, and even his potential to earn in the future. Even if the wife is earning well, if the man can work, the court may deny his claim. And if the wife refuses to pay, even after showing all proofs, men often get a much lower amount compared to what women get.
3. Courts Often Don’t Care About Men’s Rights
It’s a harsh truth, but many times even the courts don’t take men’s side seriously in such matters. There have been cases where men, after facing constant rejection and humiliation in court, have lost hope—and sadly, some have even taken extreme steps like suicide (Mr. Atul Subhash and many more) because justice was ignored.
4. Lack of Awareness and Legal Support
Most men don’t even know that they can claim maintenance from their wives. And even if they know, finding the right legal help is another challenge. Most lawyers and NGOs focus on women’s rights, so men often feel helpless and alone in the process.
That’s why it’s always better to have a professional divorce lawyer—someone who understands the legal system and can fight for your rights without bias. A good lawyer can help present your case strongly and improve your chances of getting fair maintenance.
Cases Where Husbands Got Maintenance in India
Even though it’s rare, there have been cases in India where courts have ordered wives to pay maintenance to their husbands. These usually happen when the husband is unemployed, sick, or physically unable to earn, and the wife has a stable or high income.
1. Rani Sethi vs. Sunil Sethi (2011) (Source)
In this landmark Delhi High Court case [Rani Sethi v. Sunil Sethi, 179 (2011) DLT 414], the wife was directed to pay her husband ₹20,000 per month, plus ₹10,000 as litigation expenses. The court even ordered her to provide a Zen car for his use. The husband proved that he needed financial support, and the court clearly recognized his rights. This case showed that when men have a genuine need, the law does not differentiate unfairly.
2. Bhagyashri w/o. Jagdish Jaiswal vs. Jagdish Jaiswal (2022) (Source)
In this Bombay High Court case, the wife—a teacher—was ordered to pay ₹3,000 monthly maintenance to her husband. She had been avoiding payment for years, so the court directed her school principal to directly deduct ₹5,000 from her salary to cover past dues. Justice Bharati Dangre made it clear that Section 25 of the Hindu Marriage Act allows either husband or wife to claim maintenance—even after divorce. The court rejected the wife’s argument that since the marriage had ended, she wasn’t responsible anymore.
These cases strongly reinforces that husbands also have legal rights under Indian law, and courts will uphold them if the situation demands.
It’s still rare to see husbands getting maintenance from their wives in india but it is possible. The law gives equal rights to both husband and wife when it comes to maintenance. If a man is not able to earn and maintain his financially due to illness, disability, or any valid reason, he can ask for financial support from his wife.
It’s true men face many challenges, like social pressure, lack of support, or even court negligence. But real cases have shown that justice can be done if you have a genuine reason and the right legal help. If you are a husband and found yourself in same type of situation, don’t stay silent. Talk to any good divorce lawyer. They can guide you properly and help you fight for your rights.
