maintainance
Aashish Satpute.
(Querist) 16 October 2009
This query is : Resolved
normally wife claim and get maintainance from husband but my question is that husband can claim and get maintainance from his wife?give such caselaws for reference?
Adv Archana Deshmukh
(Expert) 16 October 2009
Repeated query!
The husband can also claim maintainance. Under s.25 of the Hindu Marriage Act the husband can claim parmanant alimony/maintanance. He can also claim maint. pendente lite i.e. till the case is pending, and expenses of the proceedings under s.24 of the Act.
Sachin Bhatia
(Expert) 16 October 2009
No need for case law on this point.
The Hindu Marriage Act, 1955
Sec25- 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.
Sachin Bhatia
(Expert) 16 October 2009
Although there is a common law presumption that the husband should maintain the wife, the law does not differentiate claims made by a wife against her husband and claims made by a husband against his wife. The same duty is imposed by statute (law) on a wife, if she does have the financial resources. However, in practice, a man may encounter a higher difficulty to claim financial support from his wife.
Khaleel Ahmed
(Expert) 22 October 2009
Yes husband is unable to earn on his own and have no means to lead life provided his wife is working then he can claim maintenance.
