Husband’s right to maintenance under Hindu law

Under the Hindu Marriage Act, 1955, the right to maintenance can be claimed by both the husband as well as the wife. The provisions of Section 24 of the Act deal with maintenance pendente lite and Section 25 deals with permanent maintenance and alimony. Maintenance pendente lite is the maintenance passed for the duration of matrimonial proceedings while permanent maintenance is granted on the passing of the final decree in the proceeding.

While passing an order for maintenance pendente lite, the claimant has to establish only that he or she is unable to earn personal income sufficient to bear his or her personal expenses and the expenses of the proceedings. However, while passing an order for permanent maintenance and alimony, the income and properties of both the parties are to be taken into consideration. The claim to permanent maintenance is relinquished if the claimant indulges in illicit relationship outside the wedlock.

Section 24: Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

Under Section 24, claim for maintenance can be made by either party for the personal maintenance of the claimant and the expenses of the proceedings. The claimant has to establish that he or she does not have an independent income that would be sufficient for personal maintenance and for meeting the expenses of the proceedings.

Section 25: Permanent alimony and maintenance. (1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

An order for permanent maintenance can be passed at the time of passing of decree in the matrimonial proceedings or after it. However, where the matrimonial cause has failed, no order for maintenance can be passed. In fixing the amount of permanent maintenance, the court is required to take into consideration the following:

(i)                  Income and other property of the claimant;

(ii)                Income and other property of non claimant;

(iii)               Conduct of parties towards marriage as well as towards the court; and

(iv)              Any particular circumstances or special features.

Thus, a husband can claim maintenance from his wife if he does not have any personal income sufficient for maintaining himself while his wife has got an income. Further, an order for permanent maintenance can be passed in his favor only as long as he does not enter into any illicit relationship out of wedlock.