Maintenance to deserted husband
Rajaram C Iyer
(Querist) 07 May 2008
This query is : Resolved
Can anyone clarify whether a husband calim maintenance in case of desertation by his wife due to illness or any other domestice reason and the man does not have any source of income or the capacity to earn.
Manish Singh
(Expert) 07 May 2008
yes a husband even uder hindu laws can claim maintenance in case he becomes incapable of earning.but it again depends upon several other factors also.
Rajaram C Iyer
(Querist) 07 May 2008
Please quote some judgments in this regard and what are all the factors you feel would enable a man to claim maintenance
Manish Singh
(Expert) 07 May 2008
According to Hindu Law, the husband also has the right to claim maintenance which is subject to certain conditions. In the event of the husband becoming incapacitated due to some disease or accident, and thereby, is rendered incapable of earning for a livelihood, he then has the right to claim alimony. At the same time, one should bear in mind that if the husband is an able person in every sense of the word, and yet does nothing for a living; he cannot be entitled to any maintenance. The Court of Law provides no relief to a wastrel.
And that the husband should not have any means of income whether by property or so.
A case has been adjudicated by the Allahabad HC in 2005 in favour of husband.
SANJAY DIXIT
(Expert) 08 May 2008
According to Hindu Marriage Act, 1955 ; one husband can claim maintenance against his wife U/s 24 & 25 ie maintenance pendente lite & permanant alimony.
Rajesh Kumar
(Expert) 11 June 2008
Apart from letter of laws, a husband can never claim maintenance- i am not aware of any case where a husband has got maintenance.
Srinivas.B.S.S.T
(Expert) 16 June 2008
Please refer to Section 18 of Hindu adoptions and maintenance Act which clearly provides a right to seek maintenance to a husband. Moreover along with that you can file a interlocutory application under Section 24 of Hindu Marriage Act seeking interim maintenance/Maintenance pendentilite.
