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subbu (sr engr)     09 December 2014

Can a husband claim maintenance from his wife?

Hi Experts,
 
A wife is earning 1.5 lakhs per month. Also, she owns a house from which she receives rent. Her husband paid for the construction of the house and all the expenditure was borne by him since last 12 years. The husband underwent a heart surgery and had to quit his job. His wife did not take care of him so, he had to move to his parent's place. His parents are bearing the expenditure of of his treatment since last 2 years. His wife never contacted him, so he filed a divorce petition after suffering for 12 years.
My question is, can a husband claim maintenance from his wife?


Learning

 9 Replies

Dr J C Vashista (Advocate)     09 December 2014

Yes, he can file application for maintenance under section 24 of Hindu Marriage Act, 1955.

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

Properly advised by Dr.Vashista. Yes he can claim maintenance u/s 24 of HM Act from his economically well to do wife.

Mrs gupta (student)     12 December 2014

yes....sec 24 of hindu marriage act provides so. If the husband is unable to work and maintain himself and wife is earning.

Mrs gupta (student)     12 December 2014

yes....sec 24 of hindu marriage act provides so. If the husband is unable to work and maintain himself and wife is earning.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     13 December 2014

Yes, he can 

N R Dash.. (Advocate)     16 December 2014

Rightly advised by the experts...

Samir N (General Queries) (Business)     17 December 2014

Legally speaking, the law allows husband to seek maintenance from wife. However, from a practical perspective it is a big hurdle to surmount, unless the husband is physically disabled, taking care of the children or some such issues are involved.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

I agree with  Experts

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

I agree with  Experts


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