If Husband Is Not Earning and Wife Is Earning Well, Can Husband Claim Maintenance? What Indian Law Says
This article is published by The Legal Warning India and written by Advocate Uday Singh.
Information is based on statutory provisions and publicly available judicial interpretations.
The Real Question Many People Ask
In modern matrimonial disputes, a common question arises:
“If the husband is unemployed or earning very little, and the wife is earning well, can the husband legally claim maintenance during divorce?”
This situation is becoming increasingly common as more women are financially independent. Indian law has addressed this issue clearly, though with important conditions.
Basic Principle of Maintenance Law
Maintenance law in India is based on financial dependency, not gender alone.
The core objective is:
- To prevent financial hardship
- To ensure equal access to justice during matrimonial litigation
- To support a spouse who lacks sufficient independent income
Therefore, in certain situations, a husband can legally claim maintenance from his wife.
Husband’s Right to Maintenance Under Indian Law
1. Section 24 – Hindu Marriage Act (HMA)
Under Section 24 of the Hindu Marriage Act, either spouse — husband or wife — can claim interim maintenance and litigation expenses during divorce or matrimonial proceedings.
The condition is simple:
- The applicant must not have sufficient independent income
- The other spouse must have sufficient means
This provision is gender-neutral.
2. Section 25 – Hindu Marriage Act
After divorce, permanent alimony can also be granted to either spouse, depending on:
- Income and property of both parties
- Conduct of parties
- Ability to maintain oneself
Important Clarification: Unemployment Alone Is Not Enough
Courts do not grant maintenance to a husband merely because he is unemployed.
The court examines:
- Educational qualifications
- Work experience
- Past employment history
- Whether unemployment is genuine or intentional
If a husband is capable of earning but chooses not to work, courts generally refuse maintenance.
When Can Husband Successfully Claim Maintenance?
A husband may have a valid claim if:
- He is suffering from serious illness or disability
- He genuinely cannot find employment despite efforts
- The wife is earning substantially more
- The husband lacks sufficient independent income
Each case is decided on its own facts.
What If Wife Is Earning Very Well?
The wife’s high income alone does not automatically entitle the husband to maintenance.
Court balances:
- Standard of living during marriage
- Husband’s ability to earn
- Actual financial dependency
Maintenance is meant to provide support, not comfort or idleness.
Can Husband Claim Maintenance Under Section 125 CrPC?
No.
Section 125 CrPC allows maintenance only to:
- Wife
- Minor children
- Parents
A husband cannot claim maintenance under Section 125 CrPC, even if he is unemployed.
Common Misconceptions
- Myth: Wife earning more means husband automatically gets maintenance
Reality: Dependency and inability to earn must be proved - Myth: Husband can claim maintenance under CrPC
Reality: Only HMA allows limited claim
Practical Advice
For Husband
- Document medical or genuine reasons for unemployment
- Show efforts to find work
- Avoid deliberate non-employment
For Wife
- Highlight husband’s qualifications and earning capacity
- Produce proof of deliberate unemployment if applicable
- Contest exaggerated maintenance claims legally
Conclusion
Yes, an unemployed husband can claim maintenance from a well-earning wife during divorce proceedings, but only under limited circumstances and only under the Hindu Marriage Act.
Indian courts focus on ability to earn, genuine dependency, and fairness. Maintenance is not granted as a matter of right to an able-bodied but unwilling spouse.
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This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.
