Can a Husband Claim Alimony in India?

Introduction: The Shift Toward Gender-Neutral Alimony in India

In India, the idea of alimony is traditionally associated with a husband paying his wife after separation or divorce. However, the law is evolving to acknowledge situations where a husband may be financially dependent on his wife. This raises a crucial question: Can a husband claim alimony in India?

• Legal Possibility: Yes, under certain conditions, husbands can claim alimony in India.
• Gender-Neutrality: Indian courts have increasingly acknowledged men’s rights to maintenance, especially in cases of financial dependency.
• Challenge: Societal stigma and lack of awareness often stop men from asserting this right.

This blog will uncover the legal pathways, eligibility conditions, and real-life examples that answer whether men can claim maintenance or alimony in India.

What Is Alimony and Who Can Claim It?

Alimony or maintenance refers to the financial support provided by one spouse to the other after separation or divorce. Its purpose is to help the financially weaker partner maintain a standard of living similar to what they enjoyed during marriage.

• Alimony: Typically one-time payment or lump sum granted during divorce.
• Maintenance: Monthly financial support provided either during or after divorce proceedings.
• Claim by Husband: If the husband is jobless, ill, or financially dependent, he can request maintenance from his wife.

Whether temporary or permanent, maintenance for husband in India is legally recognized under select laws.

What Indian Laws Allow Husband to Claim Maintenance?

Contrary to popular belief, Indian laws do allow men to seek maintenance under specific circumstances. These laws aim to protect the financially weaker spouse, irrespective of gender:

• Hindu Marriage Act, 1955 – Section 24 & 25: Provides for maintenance to either spouse during or after proceedings, depending on income disparity.
• Special Marriage Act, 1954 – Section 36: Allows maintenance pendente lite (during case) and alimony to the husband.
• Protection of Women from Domestic Violence Act, 2005: Though it doesn’t allow men to claim maintenance, courts balance it with the above laws.
• CrPC Section 125: Traditionally for women and children, but some judgments have extended the logic to reverse cases under personal law.

These laws show that maintenance for husband in India is a legal right—when properly justified in court.

Conditions Under Which Husband Can Get Alimony

Court-ordered alimony is not automatic. A husband must prove financial need, inability to earn, and unequal financial footing with his wife.

• Unemployment: If the husband is unemployed or earning far less than the wife.
• Illness or Disability: Mental or physical illness that prevents him from working.
• Dependent on Wife’s Income: If the wife has a stable income and lifestyle that he contributed to during marriage.
• Educational Gap: If the husband gave up career advancement for the marriage or family.

The eligibility for husband alimony in India is subject to proof of hardship, not just desire for financial support.

How Courts Calculate Alimony for Husbands

Just like wives, husbands are not automatically entitled to a fixed amount. Courts assess multiple factors before deciding on maintenance:

• Income of Both Spouses
• Financial Dependency & Needs
• Living Standards During Marriage
• Duration of the Marriage
• Health & Employability

The husband’s alimony amount in India is usually modest unless special circumstances demand higher support.

Landmark Judgments Supporting Alimony for Husbands

Over the years, Indian courts have passed several judgments where husbands were granted alimony or maintenance. These reflect a slow but steady move toward gender equality in matrimonial laws.

• Shailja & Anr vs Khobbanna (2018): The Supreme Court ruled that the wife earning more than her husband is liable to pay maintenance under Section 24 of the Hindu Marriage Act.
• Ravi Kumar v. Julmi Devi (2019): The Jharkhand High Court ordered the wife to pay Rs. 3000 per month as maintenance to her husband, who was physically unfit to work.
• Debashree Banerjee v. Tirthankar Bhattacharya (2022): In this Calcutta HC case, the husband was awarded interim maintenance as he was jobless while the wife was gainfully employed.

These judgments prove that Indian courts can and do grant alimony to husbands when circumstances warrant it.

Is Alimony Gender-Neutral in India?

While most laws don’t explicitly mention gender neutrality, courts have interpreted them in a progressive manner:

• Section 24 & 25 HMA: These allow “either spouse” to claim maintenance. This makes the law inherently gender-neutral.
• Special Marriage Act: Section 36 uses gender-neutral language for interim maintenance.
• Judicial Interpretation: Courts have clarified that a husband can seek alimony just like a wife if he proves genuine financial hardship.

So even though public opinion still leans toward the wife as the recipient, alimony law in India is legally gender-neutral in key areas.

Can a Husband Claim Maintenance During Divorce?

Yes, a husband can claim temporary maintenance during the divorce process. This is called “maintenance pendente lite” and is allowed under:

• Section 24 of Hindu Marriage Act
• Section 36 of Special Marriage Act

Here’s how it typically works:

• The husband files an application with proof of no or low income.
• The court asks the wife to submit income affidavit.
• If disparity is large, the court may award monthly support until case is resolved.

This means alimony for husband during divorce is not just possible, but actively practiced in many family courts.

How Can a Husband File for Maintenance?

Here is the step-by-step process a husband must follow to claim alimony or maintenance from his wife:

• Step 1: File a petition under Section 24 or 25 of the Hindu Marriage Act in the family court.
• Step 2: Provide documents proving your income level, expenses, and inability to support yourself.
• Step 3: Provide evidence of the wife’s income (salary slips, IT returns, lifestyle photos, etc.)
• Step 4: Attend hearings; the court will assess both parties’ financial condition before awarding maintenance.

To successfully claim alimony for husband in India, legal documentation and proof of financial dependence are essential.

Common Myths About Alimony for Men

There are many misconceptions that stop men from even attempting to claim maintenance. Let’s break a few of them:

• Myth 1: Only women can get alimony – False. Laws allow both genders to claim.
• Myth 2: Courts are biased against men – False. Judgments exist favoring husbands based on facts.
• Myth 3: Claiming alimony is unmanly – False. Seeking legal rights doesn’t challenge masculinity.
• Myth 4: It’s impossible to prove wife’s income – False. With IT returns, bank statements, and social media, proof is often accessible.

Understanding and overcoming these alimony myths in India is the first step toward justice for financially dependent husbands.

When Can a Husband Be Denied Maintenance?

Just like in the case of women, courts may deny a husband’s claim if:

• He is capable of earning but chooses not to work.
• He is living in adultery or another relationship.
• He has concealed material facts or filed false claims.
• He is earning but hiding income details from the court.

The right to maintenance for husband in India is conditional, and courts thoroughly verify both need and intent.

Legal Support for Husbands – Advocate Ace Services

If you’re a husband considering filing for maintenance, alimony, or support in India, Advocate Ace offers expert legal assistance tailored to your case. Our family law experts handle:

• Section 24 / 25 HMA Alimony Claims
• Special Marriage Act Maintenance Cases
• Documentation & Affidavit Filing
• Income Proof Gathering & Disclosures
• Cross-examination & Representation

We understand the legal, emotional, and financial pressure involved when a man seeks justice in a traditionally biased system. Advocate Ace ensures your rights are upheld legally and respectfully.

FAQs – Can Husband Claim Alimony in India?

Conclusion: A Fairer Legal Landscape for All

India’s legal system, though traditionally skewed toward women in alimony matters, is becoming increasingly inclusive. Today, a husband can claim alimony in India—provided he meets the legal criteria and justifies the need for financial support.

• Legal Validity: Yes, Section 24 and 25 of HMA support husband’s right to alimony.
• Condition Based: Not all husbands are eligible—proof of need is critical.
• Societal Barriers: Men must overcome shame, stigma, and speak up.
• Court Precedents: Judgments show growing gender neutrality in family law.

Whether you’re a separated husband, facing financial hardship, or unsure how to begin, it’s time to seek fair legal advice. Alimony is not a gender right—it’s a legal right.