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Can Husband claim maintenance from the wife?

The Hindu Marriage Act 1955, applies to any person who is a Hindu by region, to any person who is a Buddhist, Jain or Sikh by religion. Under the Hindu Marriage Act 1955, The maintenance can be claimed by either wife or the husband under Sec 24 and Sec 25 of the act. Sec 24 deals with claiming of the maintenance during the period of the case proceedings and Sec 25 as Permanent alimony and maintenance.

Sec 24 Maintenance pendente lite and expenses of proceedings. Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court orders which are in effect while a matter such as a divorce is pending. In divorce, a pendente lite order is often used to provide for the support of the lower-income spouse while the legal process moves ahead.

Sec 24 of Hindu Marriage Act: 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.

Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

The claim for maintenance is applicable for Husband only under the Hindu Marriage Act, it can't be made claimed under the Special Marriage Act 1954, Criminal Procedure Code 1973,

Sec 25 Permanent alimony and maintenance: Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on an 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. 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.

The order can be modified by the court if the party has re-married, the wife has not remained chaste or the husband has had sexual intercourse with any woman outside wedlock.


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