Did You Know Husbands Can Also Claim Alimony from Wife, but on Conditions? Know Alimony Rules in India

New Delhi: Discussions about divorce and alimony in India often focus on how laws provide financial support to women after separation. High-profile celebrity divorces, such as that of cricketer Yuzvendra Chahal and Dhanashree Verma, where reports suggest a substantial alimony settlement, have fueled debates on the financial aspects of divorce settlements. However, Indian law is not entirely one-sided—husbands, too, can claim alimony if they are financially dependent on their wives.

Landmark Judgment Allowing Alimony for Husbands  

In a landmark case on February 26, 2022, the Bombay High Court directed a woman, a school teacher, to pay interim maintenance to her unemployed ex-husband. The case, Bhagyashri vs. Jagdish (Writ Petition No. 2527 of 2021), was heard by Justice Bharati Dangre at the Aurangabad Bench of the Bombay High Court.  

The court ruled that alimony laws are gender-neutral, meaning that either spouse—husband or wife—can claim financial support if they prove they are dependent on the other. The court dismissed the wife’s petition challenging the order, reinforcing the principle that alimony is meant to assist the financially weaker spouse, regardless of gender.  

READ MORE: Yuzvendra Chahal Has A 'Message' For Ex-Wife Dhanashree Verma After Court Grants Them Divorce, Internet Is Divided | Republic World

What is Alimony?  

Alimony, also known as maintenance, is financial support given by one spouse to another after divorce. It is meant to help the dependent spouse maintain a similar standard of living as they had during the marriage. While traditionally, alimony has been associated with women seeking financial support from their husbands, modern laws recognize that men can also be financially vulnerable. If a husband is unable to support himself due to unemployment, disability, or any other valid reason, he can request alimony from his wife.   

Alimony Laws in India  

In India, alimony and maintenance are governed by various legal provisions:  

1. Section 125 of the Code of Criminal Procedure (CrPC): Provides financial support for wives, children, and parents.  
2. Hindu Marriage Act, 1955: Covers maintenance rights for Hindu spouses.  
3. Special Marriage Act, 1954 & Indian Divorce Act, 1869: Provide maintenance provisions for marriages across different religions and communities.  

When Can a Husband Claim Alimony?  

While men can claim alimony, the process is not always straightforward. In most cases, women are seen as the financially weaker party, and courts tend to grant alimony in their favor. However, if a man can prove that he is financially dependent on his wife and unable to sustain himself, he can receive financial support. Courts ensure that the decision is fair and based on financial need rather than gender bias.  

• Financial dependence: If the husband is unemployed or earns significantly less than his wife, he may claim alimony.  
• Health issues: If the husband is disabled, physically unfit, or unable to work, he may receive financial support.  
• Wife’s higher income: If the wife earns substantially more and the husband struggles to meet his basic needs, he can seek alimony.  
• Standard of living: If the husband had a better lifestyle during the marriage and cannot sustain it post-divorce, the court may grant him maintenance.  

Rights Related to Alimony  

• Right to claim alimony: The spouse with a lower income—whether husband or wife—has the legal right to seek financial support during or after divorce.  
   
• Right to interim maintenance: The court may grant temporary maintenance during the divorce proceedings to ensure financial stability. This covers basic expenses like food, housing, and legal fees.  
• Right to live with dignity: Alimony ensures that the dependent spouse maintains a standard of living similar to what they had during marriage. Courts consider both financial and social factors to ensure fairness.  
• Right to alimony for men: Traditionally, alimony was given only to women. However, modern laws recognize that men can also be economically disadvantaged in a marriage. If a husband is financially weak, has no source of income, or is unable to work, he has the right to claim maintenance from his wife.  

Alimony laws aim to provide financial stability to the dependent spouse, regardless of whether they are a man or a woman. As societal norms evolve and more women become primary earners, the concept of husbands seeking alimony is gaining recognition. While women continue to receive alimony in most cases, Indian law acknowledges that men can also be financially vulnerable and deserve support when needed.