Replying to the interim applications filed by the husband, the family court on February 20, passed an order, whereby the wife will have to pay₹ 5,000 as maintenance in addition to the cost of litigation.
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While hearing an interim application, a Family Court in Madhya Pradesh’s Indore, on 20th Feb, ordered a wife to pay an amount of ₹ 5,000 to her unemployed husband as monthly maintenance.
What happened in the Case-
- The woman is an owner of a beauty parlour, however her husband was unable to complete his studies after Class 12th, the husband was tortured mentally and physically by his wife , claimed the legal representative of the husband, Mr Jharola.
- It was informed by Mr Jharola, that his client had filed an application in the family court in which he claimed that as he was unable to maintain himself currently and is unemployed, he should be provided with maintenance from his wife.
- It was further alleged by the lawyer of the husband that the woman, who was "blinded by a one-sided love", as well as her family members intimidated his client, forcing him to marry her in an Arya Samaj temple in the year 2022, when he was not even ready for marriage, leading to which the young couple soon became estranged.
- It was also informed that the husband had earlied complained to the Indore Commissioner of Police about his alleged torture at the hands of his wife and her family.
- Retaliating to which the wife filed an application seeking restoration of matrimonial relationship with the husband, while filing another domestic violence case against the husband in the district court.
Court Order-
Replying to the interim applications filed by the husband, the family court on February 20, passed an order, whereby the wife will have to pay ₹ 5,000 as maintenance in addition to the cost of litigation.
The concepts of Husband’s right to maintenance as per the Indian laws-
- The term “maintenance” is a financial requirement could be claimed by the wife or the husband as well, it covers basic needs of life including food, shelter, clothes, medical costs and education.
- As per the Hindu Marriage Act of 1955, husbands do have a legal right to demand maintenance from their wives.
- Section 24 of the Act, provides that the husband could be paid for both his legal fees for the court case and maintenance of pendente lite.
- The husband will have the right to receive alimony and maintenance which has been provided under Section 25.
Section 24
- Section 24 of the Hindu Marriage Act,1955 provides for the Maintenance Pendente lite as well as expenses of proceedings,
- A “deserving man", who is lacking sufficient independent income so as to maintain himself and is unable to bear the costs of the case, will have to right to seek maintenance from his wife, in case his wife could afford it. But, if the said husband earns sufficient income and does have the ability to work, he shall not be eligible to apply for a claim under this clause.
- As per the provision, the application for maintenance pendent lite (i.e. the procedure’s essential costs and a monthly sum) during the pendency of the case must be solved within a period of sixty days
- The amount of interim support to be paid shall be determined by the court after taking into account the income earned by both parties. The requirements of the husband as well as of the wife will be taken into consideration by the court.
Section 25- Permanent alimony and maintenance,
- In such desperate situations or as per the requirement, the court shall permit permanent alimony as well as maintenance to the husband or wife.
- The court could order a specified gross payment, monthly sum, or periodic sum for a certain period of time not exceeding the lifespan of the applicant.
- While determining permanent maintenance, the court will take into account the income as well as other assets owned by the husband and the wife. The court could alter or remove such order at the request of either party in case there has been a change in the circumstance at any time after the order has been passed
- The maximum duration of such payment shall be limited to the lifetime of the applicant.
- The court could amount any amount as maintenances as it seems to be just and equitable
- Such order could be revoked or rescinded on proof of the remarriage or adultery on parfait of the applicant.
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Adv Vipul Singh Raghuwanshi
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