MAINTENANCE RIGHTS OF HUSBANDS IN INDIA

Introduction

Recent tragic incidents have brought renewed attention to the issue of marital distress affecting men. The suicides of software engineer Atul Subhash and TCS recruitment manager Manav Sharma, allegedly due to severe mental harassment in their marriages, have sparked public discourse about the vulnerability of men in abusive relationships.¹ Manav Sharma’s poignant statement, “Men’s suffering goes unheard; we are left alone. The law should also protect men,”underscores a reality often overlooked in discussions of domestic relationships and legal protections.

These tragedies raise important questions: What legal protections exist for men facing domestic abuse? How can the legal system better address the financial vulnerabilities of economically dependent husbands? This article examines the maintenance rights available to husbands in India under various statutes, exploring both the legal framework and its practical application.

When divorce proceedings commence, the question of maintenance typically arises, and in most cases, men are obligated to provide financial support. This reflects the historical context in which maintenance laws were developed. However, Indian law has evolved to recognize that economic dependency is not exclusively a gendered issue. Men’s rights in the context of maintenance deserve careful examination to ensure true equality before the law.

Meaning and Concept of Maintenance

Maintenance, in its dictionary definition, means support or sustenance.² In legal terms, maintenance refers to financial support provided by one spouse to another to meet essential needs such as food, clothing, housing, and medical expenses. It serves as a safety net to prevent financial hardship following separation or divorce.

While maintenance laws were historically conceived with women as the primary beneficiaries, Indian courts have interpreted these provisions in a gender-neutral manner. Men who are economically dependent on their spouses can also seek maintenance under certain circumstances. The law recognizes that husbands unable to support themselves due to legitimate reasons such as disability, advanced age, unemployment, or serious illness may require financial assistance from their earning spouses.

Legal Provisions for Husband’s Maintenance

Personal Laws

The Hindu Marriage Act, 1955

The Hindu Marriage Act provides two key provisions under which husbands may claim maintenance:

Section 24 – Maintenance Pendente Lite and Expenses of Proceedings

Section 24 addresses temporary maintenance during ongoing matrimonial proceedings.³ The term “maintenance pendente lite” refers to financial support that one spouse may claim from the other during the pendency of any matrimonial proceeding, such as divorce or judicial separation.

Applicability: Either spouse (husband or wife) may apply for maintenance under this section.

Purpose: To provide financial support to a spouse who lacks sufficient independent income for their maintenance and legal expenses during ongoing matrimonial proceedings.

Court’s Discretion: The court assesses the financial position and needs of both parties before determining the amount of maintenance and litigation expenses.

Temporary Relief: Maintenance awarded under Section 24 is temporary, lasting only for the duration of the matrimonial proceeding.

For example, if a husband is unemployed while his wife holds a stable job, the court may order the wife to provide temporary financial assistance until the case is resolved.

Section 25 – Permanent Alimony and Maintenance

This section provides for financial support that may be awarded after the completion of matrimonial proceedings, such as divorce, judicial separation, or annulment. It is designed to offer permanent financial relief to a spouse requiring continued support.⁴

Applicability: Either spouse (husband or wife) may apply for permanent alimony under this section, typically granted after the divorce decree or judicial separation.

Purpose: To provide long-term financial security to the dependent spouse after divorce proceedings conclude.

Court’s Discretion: The court considers multiple factors, including:

• Income and property of both spouses
• Conduct of the spouses during the marriage
• The needs of the dependent spouse

The court may grant a lump sum payment or periodic monthly/annual payments.

Modification or Termination: Orders under this section may be modified if:

• The financial circumstances of the dependent spouse change or improve
• The dependent spouse remarries
• The dependent spouse is found living in adultery
• The dependent spouse is not remaining chaste

Long-Term Relief: This section ensures that a spouse who was financially dependent during the marriage is not left destitute post-separation. It continues to apply even after final judgment and can be enforced like any other decree.

For instance, if a husband is elderly, ill, or disabled and cannot earn income, the court may order his wife to provide monthly payments or a one-time lump sum payment.

Criminal Law Provisions

Code of Criminal Procedure, 1973

Section 125 – Order for Maintenance of Wives, Children and Parents

While Section 125 primarily focuses on supporting wives, children, and parents, courts have interpreted this provision to include husbands in appropriate circumstances.⁵ If a wife has a reliable source of income and the husband is completely dependent on her due to serious illness or disability, the court may order her to provide financial support.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 144 – Maintenance

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, contains provisions for maintenance of parents, children, and spouses in Section 144.⁶ The interpretation and application of this provision with respect to husbands’ rights is still evolving as the legislation is relatively new.

The Protection of Women from Domestic Violence Act, 2005

While this Act primarily protects women from domestic violence, it recognizes “economic abuse” as a form of domestic violence. In exceptional cases where husbands can demonstrate financial exploitation within the marriage, they may be able to seek relief under general civil remedies, though the Act itself is specifically designed for women’s protection.

Types of Maintenance for Husbands

Maintenance for husbands can be categorized based on purpose and duration:

Interim Maintenance

This is temporary financial support provided during divorce proceedings. If the husband has no income during the divorce process, the court may order the wife to provide him with financial assistance until the case is settled.

Permanent Maintenance

This is ongoing financial assistance provided following the conclusion of divorce proceedings. If the husband is physically incapable of working, the court may order the wife to provide monthly payments or a lump sum amount.

Rehabilitative Maintenance

This is short-term assistance designed to help the husband achieve financial self-sufficiency. For instance, if the husband needs financial support for education or job training post-divorce, the court may mandate that the wife assist him for a specified period.

Compensatory Maintenance

When a husband has sacrificed his career for his wife’s benefit, he may be entitled to compensatory maintenance. For example, if he left his employment to manage household responsibilities while she advanced her career, he might be eligible for maintenance as compensation for his contribution to the family.

Grounds for Claiming Maintenance⁷

Dependency

The husband must demonstrate financial dependency on his wife and inability to sustain himself. This may arise from:

1. Unemployment: The husband may be eligible for maintenance if he is unemployed despite making genuine efforts to find employment. However, the court will consider his qualifications and available employment opportunities.
2. Illness or Disability: If the husband cannot work due to a serious health condition or disability, he may request maintenance.
3. Advanced Age: An elderly husband who is entirely dependent on his wife and has no family support or independent income may qualify for maintenance.

Wife’s Financial Capacity

For a husband to claim maintenance, the wife must possess adequate financial resources, including:

• Steady and sufficient income from employment, business, or assets
• Financial resources exceeding those of the husband
• Ability to provide support without experiencing undue financial hardship

Grounds for Refusal of Maintenance

Maintenance may be refused if:

• The husband possesses sufficient assets or income
• The husband has engaged in adultery, domestic violence, or cruelty
• The husband demonstrates fraudulent intent in claiming maintenance

Maintenance Rights in Live-In Relationships

Live-in relationships are not explicitly covered under the Hindu Marriage Act, 1955, which applies primarily to legally married couples. A man must be legally married to claim maintenance under the HMA, as live-in partnerships are not recognized as marriages under this statute.

However, courts have recognized certain rights in live-in relationships under general principles of equity and justice. Factors that may be considered include:

• Dependency: If the man is financially dependent on the woman
• Duration of Relationship: Long-term relationships may be viewed more favorably
• Contribution: The man’s contributions (financial or otherwise) to the relationship
• Nature of Relationship: Whether it was a stable domestic partnership or a casual arrangement

It is important to note that this area of law remains underdeveloped, and claims would likely need to be pursued under general civil remedies rather than specific maintenance statutes.

Judicial Precedents⁸

Vijay Kumar v. Harsh Lata Aggarwal (2008)

In this case, the Delhi High Court held that when the income and qualifications of both spouses are comparable, there is no justification for granting interim maintenance to the wife. This principle applies equally when a husband seeks maintenance—the court will examine the relative financial positions and capabilities of both parties.

Mamta Jaiswal v. Rajesh Jaiswal (2000)

The Madhya Pradesh High Court delivered an important judgment emphasizing that well-qualified spouses who choose to remain idle without making genuine efforts to find employment should be discouraged from claiming maintenance. The court held:

Section 24 is not meant for creating an army of idle persons who would be sitting idle waiting for a “dole” to be awarded… The law does not help the indolent as well as idles, nor does it want an army of self-made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, or at least, has to make sincere efforts in that direction.

This principle applies equally to husbands seeking maintenance. The court must be satisfied that the claimant has made genuine efforts toward self-support before awarding maintenance. The law is designed to protect those who, despite sincere efforts, are unable to support themselves, not to enable voluntary unemployment.

Conclusion

India’s maintenance laws, while historically focused on protecting women, have evolved to recognize that financial vulnerability can affect either spouse. The provisions under the Hindu Marriage Act, 1955, and the Code of Criminal Procedure are gender-neutral in their language and can be invoked by husbands who are genuinely financially dependent on their wives.

However, the practical application of these provisions reveals persistent challenges. Social stigma, lack of awareness, and traditional gender expectations often discourage men from asserting their legal rights. Courts have demonstrated willingness to grant maintenance to deserving husbands, but each case is evaluated on its specific merits, with emphasis on genuine financial need and honest efforts toward self-sufficiency.

The tragic cases that prompted this examination remind us that emotional and financial vulnerabilities in marriage are not determined by gender. True equality requires not only gender-neutral laws but also a societal shift in recognizing financial needs as human concerns rather than gendered issues. The legal framework exists; what remains is the need for greater awareness, more accessible legal remedies, and a cultural environment that acknowledges men’s vulnerability without stigma.

As India continues to modernize its family law framework, ensuring equitable access to maintenance rights for all spouses, regardless of gender, will be essential to achieving justice and fairness in matrimonial disputes.

Reference(s):
¹ https://www.indiatoday.in
² https://www.collinsdictionary.com

³ www.legalcommentary.in

⁴ Hindu Marriage Act, 1955

⁵ Code of Criminal Procedure, 1973
⁶ Bharatiya Nagarik Suraksha Sanhita, 2023

⁷ https://lawfoyer.in/maintenance-for-husbands-in-india-provisions-cases

⁸ www.chennailawyers.org/2018/01/top-20-maintenance-case-laws-in-favour.html