Can a Husband Claim Maintenance From His Wife?
"Unemployed and facing a divorce? The law might actually force your earning wife to pay YOU a monthly allowance!"
The Answer
Yes, a husband can legally claim maintenance from his earning wife if he has no independent income to support himself, but this right exists strictly under specific personal laws, not criminal laws.
Sections 24 (temporary maintenance) and 25 (permanent alimony) — Hindu Marriage Act, 1955.
Supporting Provisions
- Sections 39 and 40 — Parsi Marriage and Divorce Act, 1936 (also gender-neutral).
- Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Sec 125 CrPC) strictly EXCLUDES husbands from claiming maintenance.
Case Law
- Bhagyashri v. Jagdish (Bombay High Court, 2022) — The Court directed an earning wife to pay ₹3,000 monthly maintenance to her husband who was uneducated and lacked an independent income source.
- Rajnesh v. Neha (Supreme Court, 2020) — Established that both husband and wife must mandatorily file comprehensive Affidavits of Assets and Liabilities to determine maintenance.
Myth vs Reality
Most people wrongly believe that Indian law always forces the man to pay alimony, completely unaware that Hindu Marriage Act maintenance provisions are 100% gender-neutral.
Under the Hindu Marriage Act, maintenance provisions are gender-neutral. A husband unable to support himself can claim maintenance from his earning wife.
What You Should Do
- 1
File an application under Section 24 (during proceedings) or Section 25 (at conclusion) of the Hindu Marriage Act in the Family Court.
- 2
Collect concrete evidence proving your genuine inability to earn (medical records, disability certificates) and your wife’s income (salary slips, bank statements, ITRs).
- 3
File the mandatory Affidavit of Disclosure of Assets and Liabilities precisely as per the Supreme Court guidelines.
Related Topics
Does the Wife Always Get Half in a Divorce?
NO"Stop panicking over Hollywood movies—your wife will NOT automatically take half your property in an Indian divorce!"
Marriage & FamilyDo Mothers Always Get Child Custody in Divorce?
NO"Fathers, listen up: The law does NOT automatically give your kids to your ex-wife!"
Marriage & FamilyDoes a Second Wife Have Rights in Her Husband’s Property?
CONDITIONAL"A temple wedding won’t save your house—if your husband hid his first wife, the law gives you zero inheritance, but your kids still get a share!"
Marriage & FamilyIs a Live-in Relationship Illegal in India?
NO"Unmarried but living together? The law might already treat you like a legally wedded wife who can claim maintenance!"
Need Help WithThis Issue?
Our legal experts can help you understand how this applies to your specific situation.