Provisions under ‘The Hindu Marriage Act,1955’.

The maintenance provided under the Hindu Marriage Act is two fold viz interim maintenance and permanent maintenance. The Husband is permitted to apply for maintenance of both the kinds depending upon the facts and circumstances of the case. The Interim Maintenance is that maintenance which is provided during the pendency of the proceedings between the parties and the same is dealt under Section 24 of the Hindu Marriage Act whereas the Permanent Maintenance is that which the Court may in its wisdom on an application made by either party grant at the time of giving finality to the Divorce Petition filed by either party.

Section 24 of the Hindu Marriage Act,1955 provides for maintenance which is maintenance “Pendente Lite” ( Latin Term meaning ‘ Awaiting the Litigation’ ). Usually in a divorce proceeding, pendent lite order are passed by the Family Court to provide for the support of the lower-income group during the pendency of the Petition filed by the Petitioner (be it a Husband or Wife). Section 24 of the Hindu Marriage Act,1955 states that when it appears to the court that either of the spouses, wife or husband has no independent income sufficient for support herself/himself and proceed with the proceedings as well, then on the application made by the party seeking maintenance, the Court may direct the Respondent to pay the Petitioner certain expenses during the pendency of the divorce proceedings filed by the Petitioner. Maintenance Claims in Divorce Proceedings are extremely complicated and involve many factors including that regarding the Income of the Partner, paying capacity, other immovable assets etc. Consulting an Online Lawyer for targeted legal advice online is the most optimum solution for resolution of any legal issue instantly.

The other section which provides for maintenance is Section 25 of the Hindu Marriage Act,1955 which lays provisions for Alimony and Maintenance. This section provides for maintenance either in lumpsum or monthly after considering the income of the Respondent and other assets including movable and immovable assets and income from any other sources etc. Let us analyse the practical circumstances where the husband can claim maintenance from the wife under the Hindu Marriage Act.

1. When Husband is unemployed: There can be circumstances whereby the husband is rendered unemployed because of unforeseen circumstances rendering him incapable of earning. Under the Hindu Marriage Act, as provided above under section 24 and 25, the Husband is also entitled to claim maintenance but it is of utmost necessity for the husband claiming maintenance to show to the Court that he is not in a position to generate any income. Under practical circumstances, a husband seeking maintenance can be treated as the rarest of the rare, for normally he has the liability to provide the maintenance to his wife, children and parents as provided under Section 125 of Code of Criminal Procedure. The courts discourage the idleness of the husbands for they are not expected to be dependent on their wives for the livelihood. Most of the time the individual seeking help in getting maintenance is staying at a distant place and thus is unable to get the required help. The legal advice online makes the much-needed counselling accessible.
2. When Husband is under some disability: The provisions under the Hindu Marriage Act for maintenance can be successfully invoked by the husband when the Husband is able to establish that due to the circumstances beyond his control he has been rendered physically disabled rendering him permanent disability for the rest of his life directly loosing the factor of earning during and after the permanent injury or disability has been incurred. The Courts in such circumstances takes a lenient view keeping aside the scarcity of such application for maintenance made by the husbands.

Thus, though the general perception and law is that the husband cannot claim maintenance from his wife yet in various High Courts considering the facts and circumstances of a particular case, such maintenance has been awarded. Though there is no final view presented by the Supreme Court of India in this regard and until that is done, the law as passed by respective High Courts would be followed in their respective territory though the judgments may have corroborative value.