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Writer's picturethelila500
Sep 22, 20223 min read

CAN A NON-WORKING HUSBAND GET ALIMONY AFTER DIVORCE?

Alimony, also known as maintenance or spousal support is a legal obligation to provide financial support to one’s spouse before or after the separation of the parties. The main reason behind the provision of maintenance is to ensure financial support to an incapable husband, divorced wife or parents, etc. To seek related legal provisions as well as legal opinions available to you, you shall seek legal advice from an experienced Family Lawyers In Mumbai.


Legal Provisions-

  • Section 24 - a “deserving man” who does not have independent or sufficient living support and does not have necessary expenses of the proceedings in the court, can file for interim maintenance under this provision.

  • Section 25 - permanent maintenance could be allowed to the husband through this provision. The wife is obligated to pay such a gross amount of money to the husband either as a monthly sum or some periodical sum. If any change in the circumstances could be found by the court, any change could be made by the court in the decree for maintenance.

Quantum of maintenance-

No fixed amount of maintenance is provided as per the provision of the law. It is the discretion of the court to decide as to what amount of maintenance shall be paid. It is decided on various grounds which have been mentioned below-

  • The reasonable claims and needs - the claims of the husband shall be reasonable and shall match the standard of necessities in their lives. The court also keeps in mind the earning capacity of the wife, so that no unnecessary burden is put upon the wife.

  • Income and the other properties of the husband - all sources of the husband are to be considered by the court before deciding the case of maintenance. In case these sources are enough, the application for maintenance could be denied by the court, but in case the sources of earning of the husband are not enough, thus, in this case, an appropriate amount of maintenance could be provided by the court.

Role of Judiciary-

  • In the case of [ Navya V M v Shivaprasad M K, 2017(2) KLT 803], it was held by the High Court of Kerala that if the husband is granted maintenance even if there is an absence of any disability, while there is no source of income, it would promote idleness. To seek maintenance, the husband has to prove in court that he is permanently disabled to work.

  • In the case of [Kamelandra Sawarkar v Kamelandra AIR 1992 Bom493], the High Court of Bombay decided that the husband cannot completely depend on the wife’s income. The husband, if he can work and earn, granting maintenance in such a situation will only promote idleness.

Conclusion-

It could be inferred that providing husbands with maintenance from their wives who are earning, even though they are capable of earning, is not a \general practice in the country. The provision under the Hindu Marriage Act, 1955, provides for maintenance to husbands only in the case where the husband is completely and really unable to support himself. As already mentioned above, only a “deserving man” could be allowed with maintenance.


The maintenance law is a gender-neutral law but does not support idleness in society, also the permission of maintenance could be provided by keeping in observation the economical situation of both parties, thus the court provides maintenance based on the facts of every case. In case you seek legal opinion or advice for the maintenance of your spouse, it is advised to contact an experienced Family Lawyers In Kolkata.


Lead India offers you a wide pool of experienced advocates who have been successfully dealing with issues related to maintenance, divorce, child support, custody of children, etc. To seek legal opinions regarding your case, you may contact us.


Call Us: - +91-8800788535

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