Asked by a reader in Bengaluru

Can a husband claim maintenance from his wife?

Answered by Advocate Sharan Jain··Family & Divorce Law

Short answer

Under the Hindu Marriage Act, yes. Sections 24 and 25 are worded neutrally, so a husband can seek interim maintenance and permanent alimony. Section 144 BNSS, by contrast, is available to a wife and not to a husband.

The answer depends entirely on which statute you are under, which is why this question produces so much confusion.

Where a husband can claim

Sections 24 and 25 of the Hindu Marriage Act, 1955 are gender neutral. Section 24 covers maintenance pendente lite and expenses of the proceeding for "the wife or the husband", and Section 25 covers permanent alimony on the same footing. The Special Marriage Act, 1954 is similar. So a husband who genuinely has no independent income sufficient for his support can apply.

Where he cannot

Section 144 BNSS, which replaced Section 125 CrPC, provides for a wife, children and parents. A husband is not within it. Nor is the Protection of Women from Domestic Violence Act available to him, and the Hindu Adoptions and Maintenance Act provision for a spouse operates in favour of the wife.

Available is not the same as easy
Courts scrutinise these claims closely, and the decisive factor is almost always earning capacity rather than current earnings. An able-bodied, qualified, employable husband who has chosen not to work will generally not succeed. Genuine incapacity through illness or disability, or a real and provable disparity where the wife has substantial income and the husband does not, is a different matter and such orders have been made.

What evidence matters

  • Medical records where incapacity is pleaded
  • An honest affidavit of assets and liabilities in the Rajnesh v. Neha format, which both parties must file regardless of who is claiming
  • Employment history, qualifications, and a credible explanation of the loss of income

The practical reality

These applications are far less common than the reverse, but they are not hopeless, and they are sometimes filed tactically to neutralise the wife's own claim. Courts see through that quickly. If the claim is genuine, plead the incapacity specifically and prove it.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 2, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

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How is alimony or maintenance decided? Is there a fixed percentage?

There is no fixed percentage in Indian law. It is discretionary, and courts weigh the income gap, the standard of living during the marriage, reasonable needs, earning capacity, the length of the marriage and child responsibilities.

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The case will take years. Can I get maintenance in the meantime?

Yes. Section 24 of the Hindu Marriage Act allows either spouse to seek maintenance pendente lite and the expenses of the proceedings, and Section 144 BNSS gives a parallel route with interim orders. Apply early, because it is not granted retrospectively as a matter of course.

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Who can claim maintenance under Section 125 CrPC, now Section 144 BNSS?

A wife including a divorced wife who has not remarried, minor children whether legitimate or illegitimate, an adult child who cannot maintain themselves due to disability, and parents unable to support themselves. Since 1 July 2024 the provision is Section 144 BNSS.

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What exactly counts as a ground for divorce in India?

Under Section 13 of the Hindu Marriage Act the main grounds are cruelty, desertion for two years or more, adultery, conversion, unsoundness of mind, incurable disease and renunciation. Cruelty and desertion carry most contested petitions in practice.

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We are in a live-in relationship. What legal rights do we actually have?

Living together is not an offence and is constitutionally protected. A relationship in the nature of marriage brings protection under the Domestic Violence Act, including maintenance and residence, and children born of such a relationship are legitimate and inherit from their parents.

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Is a second marriage valid if the first divorce was never completed?

No. A second marriage during the subsistence of the first is void under Section 11 of the Hindu Marriage Act, and bigamy is an offence under Section 82 of the Bharatiya Nyaya Sanhita, punishable with up to seven years.

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