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Divorce Act: Husband Can Also Claim Alimony from Wife – Know the Legal Provisions

When a marriage ends in divorce, it is commonly believed that only the wife is entitled to alimony from the husband. However, very few people know that under certain circumstances, a husband can also claim alimony from his wife. The Hindu Marriage Act provides specific provisions for this. If the husband is financially weak and the wife earns significantly more, the court can order the wife to pay alimony to her husband.

Let’s understand the legal provisions regarding husband’s alimony rights and the conditions under which he can claim financial support from his wife.

Legal Provisions for Alimony Under the Hindu Marriage Act

The Hindu Marriage Act, 1955, has several provisions related to alimony and maintenance. These laws ensure that financial support is provided to the spouse who is unable to sustain themselves post-divorce, irrespective of gender.

1. Section 9: Right to Restore Conjugal Relations

  • If a husband and wife are living separately without a valid reason, either of them can file a petition under Section 9, known as Restitution of Conjugal Rights (RCR).
  • The court tries to reconcile the couple before allowing the divorce process to proceed.
  • If reconciliation fails, either party can apply for divorce and claim alimony if eligible.

2. Section 25: Husband’s Right to Alimony

  • Section 25 of the Hindu Marriage Act states that alimony or maintenance can be granted to either spouse based on their financial condition.
  • If the husband proves that he is financially dependent and his wife has a stable income, the court can order the wife to provide financial support.
  • The court considers various factors like income, assets, lifestyle, and financial needs before making a decision.

3. When Can a Husband Demand Alimony?

A husband can file for alimony in the following situations:

  1. If the Wife’s Income is Higher – If the wife earns significantly more than the husband, the court may order her to provide maintenance.
  2. If the Husband is Unemployed or Financially Weak – If the husband is unemployed or has no source of income after divorce, he can claim alimony.
  3. If the Husband is Physically or Mentally Unfit – If the husband has a medical condition that prevents him from earning, he can seek financial support.
  4. If the Marriage Lasted for a Long Time – If the marriage lasted for many years and the husband sacrificed his career for family responsibilities, he can claim alimony.

Alimony in Mutual and Contested Divorce

Mutual Divorce

  • If both husband and wife agree to divorce, they can also mutually decide on alimony.
  • In some cases, if the husband is financially dependent, the wife may voluntarily agree to pay maintenance.

Contested Divorce

  • If the wife refuses to provide financial support, the husband can file a petition in court.
  • The court examines the financial status, employment, and overall situation before making a final decision.

Court Rulings on Husband’s Alimony Rights

Landmark Judgment – Mumbai Case

A well-known case in Mumbai highlighted that husbands can also receive alimony.

  • A couple, married for 25 years, decided to separate.
  • The husband was unemployed, while the wife had a high-paying job.
  • The court ruled in favor of the husband and ordered the wife to pay ₹10 crore as alimony.

This case proves that alimony is not just for wives; husbands too can claim financial support if they meet the legal conditions.

Special Marriage Act and Alimony

If the marriage was registered under the Special Marriage Act, the husband cannot claim alimony from his wife.

  • In this case, only the wife has the right to seek maintenance.
  • This rule is different from the Hindu Marriage Act, where both husband and wife have equal rights.

How to Apply for Alimony?

If a husband wants to claim alimony from his wife, he needs to follow these steps:

  1. Consult a Lawyer – A legal expert can help understand eligibility and file a case.
  2. File a Petition in Family Court – A formal application for maintenance must be submitted with financial details.
  3. Provide Proof of Financial Dependency – The husband must present documents proving his need for financial support.
  4. Attend Court Hearings – The court will analyze both parties' financial status before making a final decision.

Conclusion

  • The Hindu Marriage Act allows both husbands and wives to claim alimony after divorce.
  • If the wife earns more and the husband is financially weak, the court can order the wife to pay maintenance.
  • Several court judgments have recognized husbands’ rights to alimony in exceptional cases.
  • Each case is different, and the final decision depends on the court’s assessment of financial stability.

If you or someone you know is facing financial difficulties after divorce, seeking legal advice can help in understanding rights and options.

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