Can a husband claim maintenance from his wife?

Under Hindu law, a husband can claim maintenance from his wife in certain circumstances, particularly where he has no independent income and the wife has sufficient means. While maintenance claims by husbands are less common, the law under the Hindu Marriage Act is gender-neutral for permanent alimony.

Key points

• Under the Hindu Marriage Act, either spouse — husband or wife — may apply for interim and permanent maintenance.
• The claimant husband generally must show he has no sufficient independent income to support himself.
• The wife's income, assets, and earning capacity are examined, along with the husband's genuine needs.
• Note that maintenance under Section 144 BNSS (the summary criminal remedy) is available to wives, children, and parents — not husbands.
• Courts scrutinise husband's claims carefully to ensure the request is genuine and not an attempt to avoid work.

Relevant law

Section 24 (interim) and Section 25 (permanent alimony) of the Hindu Marriage Act, 1955 are gender-neutral and allow either spouse to claim maintenance. In contrast, Section 144 of the BNSS, 2023 restricts the summary maintenance remedy to wives, children, and parents.

What you can do

• If matrimonial proceedings are ongoing, file an application under Section 24/25 of the Hindu Marriage Act before the Family Court in Salem.
• Prepare documentary proof of your lack of income and the wife's earning capacity.
• Be ready to demonstrate genuine need rather than avoidance of employment.
• Consult a family law advocate in Salem to evaluate the strength of your claim.