An Unemployed Husband Gets Money If The Working Wife Has Divorced Him ?
The concept of maintenance in the favor of the wives is well known in the society, however, many of us may have not heard the right of a husband to get maintenance from his wife. Indian Law is based on the concept of equality of law, hence, both the husband and wife could claim maintenance from their spouse, however, there are some conditions on the husband’s right to claim for maintenance. Also, before filing Court Marriage in Delhi, it is advised to seek legal advice from an experienced court marriage lawyer in Delhi, who could explain to you in detail the proper procedure as well as the documents required for the same.
Maintenance-
Maintenance could be termed as providing for the necessities of life, such as food, clothing, shelter, education and medical expenses. It is the financial support from one spouse to the other so as to provide financial support to the incapable spouse, children or the aged parents.
Legal Provisions-
The legal provision to ensure the husband’s right to claim maintenance from his wife is provided under the Hindu Marriage Act, 1955. The provisions related to maintenance are-
- Section 24- it provides that a “deserving man” who does not have sufficient income for his living and support and cannot afford necessary expenses for the same, can claim for interim maintenance from his wife, till the proceedings for the divorce are pending, if his wife can afford it.
- Section 25- provides for the payment of a gross sum or some monthly or periodical payment for the lifetime of the husband, by his wife, keeping in mind the wife’s income and property. The order given by the court could be modified if any change in the circumstances of the party is found.
An agreement cannot prevent from claiming maintenance-
- A mere agreement between the parties cannot prevent the court from exercising its jurisdiction, even in the case of a divorce by mutual consent, where the party agrees to not claim maintenance, the court can grant maintenance, if it deems fit.
- The amount of maintenance to be provided is at the discretion of the court, and the decision shall be made in accordance with the facts and circumstances of the case.
The quantum of the maintenance to be provided-
- No fixed amount of maintenance shall be paid. It is the discretion of the court to determine as to what amount of maintenance shall be paid to the party.
- Some of the factors determining the amount of maintenance to be paid are as follows-
- Status of the parties- the status and the position of the parties play an important role in determining the amount of maintenance to be provided to the claimant. The court evaluates the earning potential as well as the status of the party and thus, provides for the maintenance to be given.
- The reasonable claims of the husband- the claims made by the husband must be reasonable and shall match with the standard of the necessities of their lives. In case it is found that the claims of the husband are not appropriate, such a demand for maintenance would not be entertained by the court.
- Earning capacity of the wife- is also kept in the consideration by the court, while deciding the claim for maintenance by the husband.
- Income as well as other property of the husband- while deciding the suit of maintenance, the court also considers the income as well as other properties of the claimant. If these sources are enough, the claim for maintenance could be denied by the court.
Cases-
- In the case of Nivya V M v Shivaparsad M K, 2017(2) KLT 803, it was observed by the High Court of Kerala, that if the husband is provided with the maintenance in the absence of any incapability, then it will promote idleness, hence, the husband has to prove that he is permanently disabled to work and earn.
- In the Case of Kamelandra Sawarkar v Kamelandra AIR1992 Bom 493, it was held by the Bombay High Court, that the husband could not depend wholly on his wife for income, in case the husband can earn and work, granting maintenance such skilled person would only promote idleness.
Conclusion- As could be inferred from the above discussion, though there is a provision for maintenance to the husbands in the law, the provisions of the HMA intend to support husbands who are really incapable of earning for themselves. In case you wish to file for maintenance, it is advised to seek legal advice from the best lawyer in Delhi, so as to understand the legal options available to you in relation to your case.
Lead India offers you a team of experienced advocates, who have been successfully dealing with the cases related to divorce, maintenance, child custody, etc. In case you are in need of legal opinion or assistance, you may contact us.
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