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The term "maintenance" refers to the provision of necessities essential to sustain life, such as food, clothing, shelter, education, and medical expenses. In India, various laws have been enacted to ensure that wives are provided with maintenance, including Section 125 of The Criminal Procedure Code, 1973, The Divorce Act, 1869, The Special Marriage Act, 1954, The Muslim Women Protection on Divorce Act, 1986, The Protection of Women from Domestic Violence Act, 2005, and The Hindu Adoption and Maintenance Act, 1956. However, only the Hindu Marriage Act, 1955, provides for the maintenance of both husband and wife.

Section 24 of the Hindu Marriage Act, 1955 deals with maintenance pendente lite. According to this section, "Maintenance pendente lite and expenses of proceedings- Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."

Section 25 of the Act deals with permanent alimony and maintenance. According to section 25(1) of the Act, "Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent."

Landmark Judgments:

In the case of Kanchan v. Kamalendra, AIR 1993 Bom 493, the Supreme Court observed that Section 24 allows not only the wife but also the husband to seek maintenance pendente lite if he can demonstrate that he has no independent source of income. However, the husband must demonstrate to the court that he is unable to earn and support his family due to a physical or mental disability. Since the husband was able-bodied and not mentally ill, and only because his business had failed, he could not be granted any maintenance, it being opposed to the spirit of section 24 of the Act.

In the case of Lalit Mohan v. Tripta Devi, AIR 1990 J K 7, the divorced husband sought permanent maintenance from his former wife. The Jammu and Kashmir High Court ordered the respondent (wife) to pay Rs.100 per month as permanent maintenance and Rs.500/- in lump sum as proceeding expenses.

In the case of Yashpal Singh Thaukar v. Smt. Anjana Rajput, AIR (2001) MP 67, the court held that the husband has made no attempts to earn money which he is capable of earning. He can not afford to incapacitate himself and sustain an application under Section 24 of the Act. Therefore, if the husband can earn but is not making money, he cannot claim Maintenance from his wife.

In the case of Rani Sethi v. Sunil Sethi, 179 (2011) DLT 414, the trial court determined that the wife must pay Maintenance and ordered her to pay the respondent Rs. 20,000/- per month and Rs. 10,000 as litigation expenses, as well as provide him with a Zen car for his use and convenience. However, the wife was dissatisfied with the decision and petitioned the Delhi High Court, which made the following observations:

"The purpose of section 24 of Hindu Marriage Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself. It is trite law that the term support is not to be construed in a narrow manner so as to mean bare subsistence. It means that the other spouse, who has no independent source of income, is provided with such maintenance so as to live in a similar status as was enjoyed by them in their matrimonial home. It is the purpose of section 24 that the wife or the husband who has no sufficient source of income for her or his support or for the expenses of the proceedings must be provided with such reasonable sum that strikes equity between the spouses."

The Delhi High Court dismissed the appeal and upheld the trial court's decision based on these facts and circumstances.

In the case of Nivya V M v. Shivaparsad M K,2017 (2) KLT 803, the Kerala High Court observed that providing maintenance to the husband in the absence of incapacity to work will encourage idleness. Only after proving that he is permanently disabled to work and earn, the husband can claim maintenance.

References:

https://blog.ipleaders.in/husbands-right-claim-maintenance/

https://www.latestlaws.com/latest-news/can-a-husband-claim-maintenance-from-his-wife-yes-says-hc-read-judgment-184198/