Maintenance to Men: Equal Rights Under Indian Law

“Why should only women get maintenance after a divorce?”

This is the question echoing in Indian courtrooms today—and judges are finally responding. For decades, it was widely accepted that women would receive maintenance in divorce cases. But with shifting economic roles, increasing gender equality, and landmark judgments, the legal narrative is changing. Courts are now recognizing that even husbands can claim maintenance, because financial dependence isn’t bound by gender.

Understanding Maintenance in Indian Law

What is maintenance?

• The term ‘Maintenance‘ has also been defined under Section 3(b) of the Hindu Adoption and Maintenance Act, 1956. Maintenance refers to the financial support that a person is legally obligated to provide to a dependent spouse, children, or parents who cannot support themselves in case of divorce. It includes provision for food, clothing, shelter, and basic needs such as education and medical expenses. The main reason behind the provision of maintenance is to provide financial support to a divorced wife or aged parents or minor children, or any other dependents, for their well-being and sustenance needs. It ensures a basic standard of living and prevents suffering due to financial instability. Maintenance is not specific to any religion, caste, or race; it is equal for every person in the country, and the rules for maintenance are the same for everyone. To determine it, there are many things to consider, like:

1. Income and earning capacity of both parties.
2. Standard of living during the marriage.
3. Age and health of the applicant.
4. Reason for separation (in some cases).
5. Dependents and liabilities of the person from whom maintenance is claimed.

 History of maintenance

The concept of maintenance is not new; it has its ancient roots, even in Dharmashtra, where a husband is responsible for maintaining the well-being of his wife and family. Over time, this responsibility changes into a legal obligation to the husbands, especially in modern welfare-based legal systems like India, which value social justice and constitutional equality.

While maintenance was historically granted mostly to women, modern laws, such as the Hindu Marriage Act, now treat both spouses equally and give both the right to receive maintenance whenever necessary.

Type of maintenance

Maintenance isn’t a one-size-fits-all concept. It can be awarded at different stages of a legal proceeding and in different forms, depending on the situation of the parties involved. Broadly, it can be categorized into the following types:

1. Interim maintenance—also called temporary maintenance or maintenance pendente lite—is awarded during the condition of legal proceedings such as divorce or separation. Its purpose is to provide immediate financial support to the dependent party so they can manage basic expenses and legal costs while the case is ongoing. Section 24 of the Hindu Marriage Act, 1955, and Section 144(1) of the BNSS have related provisions for the same.
2. Permanent maintenance is awarded once the case reaches its conclusion. It can be granted either as a monthly payment or a lump sum amount, depending on the financial condition of both parties. The objective is to ensure long-term support to the dependent spouse and maintain a standard of living that is not drastically different from what they had during the marriage. Section 25 of the Hindu Marriage Act, 1955, Section 37 of the Special Marriage Act, 1954, and other related provisions are for the same.

Legal Provisions

• Section 144(1), Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with maintenance orders for wives, children, and parents. It allows a First-Class Magistrate to order someone to pay a monthly allowance for maintenance if they neglect or refuse to maintain these dependents.

• Section 24, Hindu Marriage Act, 1955

Section 24 of the Hindu Marriage Act, 1955, deals with maintenance pendente lite and expenses of proceedings during the pendency of a marriage-related legal case. It allows a spouse (either husband or wife) who lacks sufficient independent income to apply for financial assistance from the other spouse for their support and the costs of the legal proceedings. 

• Section 25, Hindu Marriage Act, 1955

Section 25 of the Hindu Marriage Act, 1955, deals with permanent alimony and maintenance for either spouse after a divorce or other matrimonial proceedings. It empowers courts to order the payment of a lump sum or part payment for maintenance and support to the applicant spouse, either at the time of passing a decree or subsequently, based on factors like income, property, and conduct.

• Section 36, Special Marriage Act, 1954

Section 36 of the Special Marriage Act, 1954, deals with pendente lite, which refers to interim financial support provided to a wife during a legal proceeding under the Act. If the court is satisfied that the wife lacks sufficient independent income for her support and the expenses of the legal proceedings, it can order the husband to provide financial assistance.

• Section 37, Special Marriage Act, 1954

Section 37 of the Special Marriage Act, 1954, deals with permanent maintenance for a spouse in cases where a decree of divorce or judicial separation is passed under the Act. It allows a court to order a husband to secure maintenance for his wife, either through a lump sum payment, periodic payments, or a charge on his property.

• Section 36, Indian Divorce Act, 1869

Section 36 of the Indian Divorce Act, 1869, deals with alimony pendente lite, which refers to maintenance for a wife during the pendency of a divorce suit. It allows the wife to petition the court for financial assistance, including expenses for the legal proceedings and a reasonable sum for her support, while the divorce case is ongoing.

• Section 3(1)(a), Muslim Women (Protection of Rights on Divorce) Act, 1986

The husband is obligated to make a reasonable and fair provision and pay maintenance during the iddat period.

• Section 4, Muslim Women (Protection of Rights on Divorce) Act, 1986

Addresses situations where a divorced woman is unable to maintain herself and lacks relatives to support her, allowing the magistrate to order relatives or the State Wakf Board to provide maintenance.

Maintenance to Men: When Can a Husband Claim Maintenance?

Traditionally, maintenance laws in India were mostly in favor of women, as societal norms presumed that men were the financial providers. However, with changing economic realities and evolving gender roles, courts have started recognizing that men, too, can be financially dependent—and therefore entitled to maintenance under the law. Under provisions like Section 24 and 25 of the Hindu Marriage Act, 1955, and Section 36 and 37 of the Special Marriage Act, 1954, either spouse—regardless of gender—can seek maintenance if they lack sufficient income to support themselves and the other party has the financial means to do so.

A husband may claim maintenance in situations where he is unemployed, medically unfit, or earning significantly less than his wife, especially when he can demonstrate that he was dependent on her income during the marriage. Courts also consider cases where a husband has sacrificed his career for the sake of the family, such as staying home to care for children or elderly relatives. The central principle is not gender, but financial need and dependency.

Although such claims are still rare due to stereotypes, masculinity norms, and a lack of awareness, Indian courts have slowly started acknowledging them. In a few rulings, husbands have successfully secured interim or permanent maintenance, marking a progressive shift in how the judiciary interprets spousal rights. These cases reinforce the idea that maintenance is a matter of justice, not gender.

Landmark Judgments

• Smt. Rani Sethi v. Sunil Sethi (2011)

The wife was a well-earning government employee, and the husband was jobless. The court ordered the wife to pay ₹20,000 per month as maintenance to her husband, holding that the law does not discriminate on gender when it comes to financial need.

• Ramesh v. Ambigeswari (2022)

The Madras High Court granted maintenance to the husband, who was unemployed due to medical issues, while the wife was earning a stable income. The court highlighted that Section 24 of HMA is intended to provide relief to any financially weaker spouse, and it would be unjust to ignore men simply due to gender.

• Ravi Kumar v. Julmi Devi (2010)

In this case, the court observed that if a wife is earning and the husband is not, and if the husband is physically or mentally incapable of earning, he is entitled to claim maintenance under Section 24 of the Hindu Marriage Act.

• Ashok v. Ranjana (2013)

The Family Court ruled in favor of the husband, noting that the wife was financially secure while the husband had no steady income. The husband had earlier been helping with childcare and household duties, and the court held that these non-economic contributions also deserve recognition when assessing maintenance claims.

 Challenges

While the law has slowly opened its doors to husbands seeking maintenance, society hasn’t caught up as quickly. For many men, claiming maintenance is not just a legal step—it’s an emotional battle against deeply rooted stereotypes. The idea of a man being financially dependent on a woman challenges traditional gender roles, where masculinity is often equated with being a provider. As a result, husbands who are genuinely in need of support often face mockery, judgment, and even humiliation, both inside and outside the courtroom. They got tagged as “weak” or “living off a woman.” Public sympathy tends to favor women in marital disputes, making it harder for men to be seen as vulnerable or deserving of support. This stigma discourages many eligible husbands from coming forward, thereby limiting the effectiveness of the law’s gender-neutral spirit.

 Conclusion

Indian maintenance law has travelled a long way, and now it is a more broad-based instrument that acknowledges the economic dependency of both males and females. With the tendency of the courts to interpret the provisions of Sections 24 and 25 in the Hindu Marriage Act in a gender-neutral way, the legal basis of maintenance being sought by the husbands has been properly laid down.

However, that is not sufficient just because it is recognized by law. Behind all this, we also need to eradicate the social stigma that comes with men seeking help, and we need to abolish the traditional thought that men are defined by the ability to be financially dominant. Maintenance is not a sign of weakness; it is a right based on the principle of fairness, which is to keep at least both spouses out of the band in case of a marriage breakdown.