Beautician Wife To Pay Expenses Of College Dropout Husband: Indore Court

In Indian society, the idea of a wife receiving maintenance is commonly accepted; nonetheless, many of us are unaware of the husband's maintenance rights. Because Indian law is founded on the idea of equality before the law, both husband and wife have the right to seek maintenance within the terms of the law; however, the husband's right to do so is subject to specific restrictions.

A definition of "maintenance" is a financial necessity incurred by the wife or husband to meet essential life needs such as food, shelter, clothing, medical expenses, and education.

The goal of maintenance is to provide financial assistance to a suffering husband or wife who does not have a sufficient independent financial source to maintain and cover basic needs.

When determining permanent alimony, the non-applicant's income and assets must be considered. Interim support is payable between the time the petition is filed and when the case is dismissed or a decree is granted. The goal of interim maintenance is to meet the petitioner's immediate needs. According to the Hindu Marriage Act, both husband and wife have the right to obtain maintenance.

Legal Provisions

The Hindu Marriage Act of 1955 gives husbands the legal right to claim maintenance from their wives. Section 24 of the Hindu Marriage Act states that the husband would be compensated for both legal fees and pendente lite support. Section 25 allows the spouse to receive alimony and maintenance. The phrase "maintenance" refers to the financial requirements incurred by the wife or husband to meet fundamental life needs such as food, shelter, clothing, medical expenses, and education.

Recent Judgement of Indore Court:

In an unusual decision, Indore's Family Court ordered a woman to pay Rs 5,000 per month to her divorced husband for maintenance. The husband filed a complaint against his wife in December 2023, and the judgment was issued in his favor by providing maintenance to husband from wife two months later, in February 2024.

Facts:

Aman (23) lives in Ujjain. In 2020, he met 22-year-old Nandini through a mutual friend. As the conversation developed, Nandini proposed to Aman. Aman did not want to marry, but Nandini threatened to commit suicide. Finally, in July 2021, they married at Arya Samaj Mandir and began living together in Indore on rent. Nandini began harassing Aman after their marriage. Even after much convincing, her behavior remained unchanged. Frustrated, he left Nandini and went to his parents in September, only two months after their marriage.

Nandini and her family allegedly seized Aman and subjected him to physical and mental abuse for several days until he escaped. Nandini filed a lawsuit in Indore's Family Court to restore their marital ties. Aman's defense was provided by his lawyer, Manish Jharola, who also filed an interim claim for litigation expenses and support.

In addition, while explaining his anguish, Aman stated, "I am only the 12th pass. I had enrolled in college, but because of Nandini, I had to quit my studies. I am unemployed, but Nandini owns a beauty salon. In such a case, I should receive a maintenance stipend from her."

Nandini, on the other hand, expressed her inability to pay the allowance and stated that she is unemployed. Contrary to Nandini's claims, Aman informed the court that after he left her and went to his parents, she filed a missing report for me, telling the police that she owned a beauty salon.

Nandini stated in court that she is not working while Aman is earning. However, she could not provide any proof of this. As a result, the judgment was rendered in Aman's favor, and he would no longer have to live with Nandini and will receive $5,000 per month from his wife.

It is uncommon for husbands to request maintenance from their wives, particularly when the husband can work. The Hindu Marriage Act contains useful and gender-inclusive statutory provisions for spouses seeking maintenance. To be eligible for maintenance, the spouse must meet certain criteria and demonstrate to the court that he is unable to work and support himself. There should be more legislative protections, such as the husband's capacity to file a maintenance claim under other personal laws.

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