Posts in category: MATRIMONIAL CASES

Introduction – Can Husband Claim Maintenance in Dwarka Court?

A common assumption in matrimonial disputes is that maintenance can only be claimed by a wife from her husband.

That is not completely correct.

Under the Hindu Marriage Act, 1955, a husband may, in appropriate circumstances, seek interim maintenance, litigation expenses and even permanent alimony from his wife.

However, this right is not automatic merely because the wife earns more.

The husband must establish the legal requirements of the provision under which maintenance is claimed, disclose his own financial position honestly and satisfy the Family Court that the circumstances justify monetary support.

For matrimonial proceedings falling within the jurisdiction of Dwarka Courts, Delhi, this distinction becomes particularly important because different maintenance statutes confer different rights.

This 2026 guide explains:

• When a husband can claim maintenance
• Section 24 Hindu Marriage Act
• Section 25 Hindu Marriage Act
• Whether Section 144 BNSS helps a husband
• Whether the Special Marriage Act permits a husband’s maintenance claim
• What financial documents the Family Court examines
• How the Rajnesh v. Neha financial disclosure requirements affect the case
• Circumstances in which a husband’s application may be rejected
• Practical procedure before the Family Court at Dwarka

Short Answer: Can a Husband Claim Maintenance from His Wife?

Yes, under certain matrimonial laws.

For a Hindu marriage governed by the Hindu Marriage Act, 1955, both husband and wife are expressly covered by Sections 24 and 25.

Section 24 HMA

A husband who does not have independent income sufficient for his support and the necessary expenses of the matrimonial proceeding may seek:

• Maintenance during the pendency of the case; and
• Expenses of the matrimonial proceedings.

The provision expressly refers to “either the wife or the husband.”

Section 25 HMA

At the time of passing a matrimonial decree, or subsequently, either spouse may apply for permanent alimony and maintenance.

The Family Court considers the income, property and financial circumstances of both parties along with other relevant circumstances.

Therefore, the legal question is not simply:

“Is the wife earning?”

The better question is:

“Does the husband satisfy the requirements of the particular maintenance provision after his own income, assets, liabilities, qualifications and circumstances are examined?”

Sections 24 and 25 expressly permit an application by either spouse.

1. Section 24 Hindu Marriage Act – Interim Maintenance for Husband

Section 24 of the Hindu Marriage Act deals with maintenance pendente lite and expenses of proceedings.

In simple terms, it operates while the main matrimonial proceeding is pending.

The provision applies where it appears to the Court that either spouse has no independent income sufficient for his or her support and the necessary expenses of the proceeding.

Therefore, a husband may make an application under Section 24 where the factual circumstances support such a claim.

The Court may consider:

• Husband’s actual monthly income
• Wife’s income
• Assets belonging to both spouses
• Employment status
• Educational and professional qualifications
• Business interests
• Investments
• Rent or other recurring income
• Financial liabilities
• Dependants
• Medical circumstances, where relevant
• Reasonable monthly expenditure
• Standard of living
• Overall financial circumstances

Section 24 does not say that merely earning less than the wife automatically entitles a husband to maintenance.

The Court examines whether his independent income is sufficient for his support and litigation expenses.

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2. What Does “No Independent Income Sufficient for His Support” Mean?

This expression is important.

A husband does not necessarily have to prove that he has absolutely no income.

The statutory question is whether the income available to him is sufficient for:

1. His reasonable support; and
2. The necessary expenses of the matrimonial litigation.

For example, suppose:

• The husband is temporarily without employment;
• The wife has substantial independent income;
• The husband has little or no independent assets;
• Matrimonial litigation is already pending; and
• His financial disclosures support the claim.

The Court can examine whether relief under Section 24 is justified.

But the result may be different if the evidence shows that the husband:

• Has substantial undisclosed income;
• Has income-producing property;
• Continues to operate a business;
• Deliberately suppresses bank accounts;
• Is financially supported by significant investments or assets; or
• Is intentionally avoiding work despite substantial capacity and opportunity to earn.

Every application therefore depends upon evidence rather than gender alone.

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3. Wife Earning More Does Not Automatically Mean Husband Gets Maintenance

This distinction should be prominently understood.

Consider:

Husband earns ₹80,000 per month.
Wife earns ₹2,00,000 per month.

The fact that the wife earns substantially more does not automatically establish that the husband has no sufficient independent income.

Compare it with another situation:

Husband has no current income because of genuine circumstances.
Wife earns ₹2,00,000 per month.
Husband has no significant assets or recurring investment income.

The second situation raises a materially different question.

Thus, income disparity is relevant, but it is not the sole test.

The Court examines the complete financial picture.

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4. Section 25 Hindu Marriage Act – Can Husband Claim Permanent Alimony?

Yes.

Section 25 of the Hindu Marriage Act permits an application by either the wife or the husband for permanent alimony and maintenance.

The application may arise at the time of passing a decree or at any time subsequent thereto, subject to the statutory framework.

While deciding the question, the Court may consider matters including:

• Income of the wife
• Property of the wife
• Income of the husband
• Property of the husband
• Conduct of the parties
• Other circumstances of the case

The relief may take the form contemplated by Section 25, depending upon the Court’s determination.

Permanent alimony is therefore discretionary judicial relief, not an automatic consequence of divorce.

The Supreme Court has continued to emphasise that maintenance under Sections 24 and 25 requires consideration of the relevant financial material and circumstances of the parties.

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5. Can Husband Claim Maintenance Under Section 144 BNSS?

This is where the law must be clearly distinguished.

Since 1 July 2024, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the present provision corresponding broadly to the earlier Section 125 CrPC maintenance framework.

But Section 144 BNSS does not create a reciprocal claim by a husband against his wife merely because she earns more.

The provision deals with maintenance of specified categories such as:

• Wife
• Children
• Father
• Mother

Therefore, a husband seeking maintenance from his wife should not describe Section 144 BNSS as a general gender-neutral spousal maintenance provision.

The appropriate remedy depends upon the personal matrimonial law governing the parties and the pending proceedings.

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6. Section 125 CrPC or Section 144 BNSS?

For current proceedings, legal content should ordinarily refer to:

Section 144 BNSS — corresponding to the earlier Section 125 CrPC framework.

Section 125 CrPC remains important for understanding older proceedings, orders and precedents.

However, a husband cannot simply file a Section 144 BNSS application against his wife seeking personal maintenance on the same footing on which a wife may proceed against her husband.

This distinction is particularly important when reading older websites that broadly state that “maintenance law is gender-neutral.”

That statement is too wide.

Some matrimonial provisions are gender-neutral.

Others are not.

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7. Can Husband Claim Maintenance Under the Special Marriage Act?

This also requires an important clarification.

The Special Marriage Act, 1954 should not be described as giving husbands the same maintenance entitlement as Sections 24 and 25 of the Hindu Marriage Act.

Section 36 of the Special Marriage Act addresses alimony pendente lite on an application by the wife.

Section 37 deals with permanent alimony and maintenance in favour of the wife.

Therefore, where a marriage has been solemnised or matrimonial proceedings are governed by the Special Marriage Act, the statutory provision should be examined carefully rather than assuming that the Hindu Marriage Act rules automatically apply.

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8. Other Personal Laws May Have Different Rules

Maintenance rights depend partly upon the statute governing the marriage.

For example, Sections 39 and 40 of the Parsi Marriage and Divorce Act, 1936 contain provisions framed in terms of either the wife or husband in the relevant matrimonial proceedings.

Other matrimonial statutes may use different language.

Therefore, before filing any maintenance application, determine:

1. What law governs the marriage?
2. What matrimonial case is presently pending?
3. Which provision authorises the relief?
4. Which Court has jurisdiction?
5. Does that provision permit a husband to apply?

A maintenance application drafted under an incorrect statutory provision can create unnecessary procedural difficulties.

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9. Rajnesh v. Neha – Financial Disclosure Is Extremely Important

Modern maintenance litigation is heavily document-driven.

In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court laid down guidelines requiring disclosure of assets and liabilities in maintenance proceedings.

The disclosure framework is intended to enable Courts to examine the actual financial position of the parties.

The Supreme Court directed that the prescribed affidavits of assets and liabilities should be filed in maintenance proceedings before Family Courts, District Courts and Magistrates’ Courts across the country.

For a husband claiming maintenance, therefore, merely stating:

“My wife earns more than me”

is unlikely to be sufficient by itself.

The applicant should be prepared to disclose his own finances comprehensively.

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10. Documents a Husband Should Keep Ready

Depending upon the facts of the case, relevant financial material may include:

Income Documents

• Income-tax returns
• Form 16
• Salary slips
• Employment records
• Professional receipts
• Business accounts
• GST documents, where relevant
• Partnership or company records

Bank and Investment Documents

• Bank statements
• Fixed deposits
• Mutual funds
• Shares and securities
• Demat statements
• Insurance investments
• Other financial instruments

Property Documents

• Ownership documents
• Rent agreements
• Rental income records
• Loan statements
• Property-related liabilities

Expense Documents

• Rent
• Medical expenditure
• Loan EMIs
• Household expenditure
• Dependant family expenses
• Litigation expenses
• Other recurring liabilities

Employment Material

Where unemployment or loss of employment is relied upon, relevant material may include:

• Termination letter
• Resignation records
• Previous salary documents
• Medical records where health affects employment
• Evidence explaining the present employment position

Full and truthful disclosure is important.

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11. Can an Unemployed Husband Claim Maintenance?

Potentially, yes.

But unemployment by itself does not automatically establish entitlement.

The Court may examine:

• Why is the husband unemployed?
• How long has he been unemployed?
• What was his previous employment?
• What are his qualifications?
• Does he own property?
• Does he have investments?
• Does he earn through business or professional activity?
• Has he voluntarily stopped working?
• Is the financial difficulty temporary or genuine?
• What is the wife’s actual financial position?

There is a significant difference between:

genuine inability to maintain oneself

and

deliberately remaining unemployed to create a maintenance claim.

The Court may examine the surrounding circumstances.

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12. What If the Husband Is Highly Qualified but Not Working?

Educational qualification is relevant, but it should not be treated as a substitute for evidence about actual finances.

The Family Court may consider:

• Educational qualifications
• Professional experience
• Previous employment
• Past salary
• Present employment opportunities
• Medical condition
• Age
• Business interests
• Assets
• Reasons for unemployment

A highly qualified person cannot necessarily establish a maintenance claim merely by showing zero current salary.

At the same time, qualification alone does not mean the Court must pretend that actual unemployment, illness, business failure or other genuine circumstances do not exist.

The decision is fact-specific.

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13. What If the Wife Is a Government Employee or Senior Corporate Executive?

Her actual income will naturally become relevant if the husband invokes a statutory provision such as Section 24 or Section 25 HMA.

Relevant documents may include:

• Salary records
• Income-tax returns
• Employment information
• Bank records
• Investment information
• Property details

But again, the wife earning a substantial salary is only one part of the analysis.

The husband’s own resources must also be disclosed.

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14. Can a Businessman Husband Claim Maintenance?

Being described as a “businessman” does not decide the application either way.

The Family Court may examine:

• Nature of business
• Turnover
• Profit
• Income-tax returns
• GST filings
• Directorships
• Shareholding
• Partnership interests
• Bank transactions
• Business assets
• Loans
• Lifestyle
• Financial commitments

A business may have substantial turnover but limited profit.

Conversely, a person may show little salary while exercising significant control over business resources.

Therefore, financial analysis cannot be reduced to a single salary figure.

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15. Can a Husband Claim Litigation Expenses from Wife?

Under Section 24 HMA, the relief is not confined to monthly maintenance.

The statute also refers to necessary expenses of the matrimonial proceeding.

Therefore, where the statutory conditions are satisfied, a husband may seek litigation expenses from his wife.

This can be relevant where there is a substantial financial imbalance and the husband genuinely lacks sufficient resources to conduct the matrimonial litigation.

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16. What About Maintenance for Children?

Maintenance payable for a child is legally distinct from personal maintenance claimed by a husband.

A father who has custody of a child should therefore distinguish between:

• His personal claim as a spouse; and
• Financial support required for the child.

The rights and obligations concerning children require a separate legal analysis based upon the applicable statutory framework and facts.

Do not mix the husband’s personal maintenance claim with the child’s financial entitlement.

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17. Circumstances in Which Husband’s Maintenance Claim May Face Difficulty

An application may face serious resistance where evidence indicates that the husband:

• Has sufficient independent income
• Owns substantial assets
• Receives rental income
• Has profitable business interests
• Has investments capable of supporting him
• Has deliberately concealed income
• Has provided incomplete financial disclosure
• Has intentionally left employment without reasonable explanation
• Has misstated his expenses
• Has suppressed bank accounts or property
• Has presented financial claims inconsistent with his apparent lifestyle

The Court decides the application on the evidence before it.

Therefore, accuracy is more important than exaggeration.

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18. Wife’s Defence to Husband’s Maintenance Application

A wife opposing such an application may produce material showing:

• Husband’s salary
• Previous salary
• Business interests
• Income-tax returns
• Company directorships
• Ownership of property
• Rental receipts
• Investments
• Bank transactions
• Professional qualifications
• Lifestyle indicators
• Other financial resources

She may also challenge inaccuracies in his affidavit of assets and liabilities.

Maintenance proceedings can therefore involve detailed financial scrutiny of both parties.

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19. Practical Procedure Before Family Court at Dwarka

The exact procedure depends upon the matrimonial case and applicable law, but broadly an application may involve:

Step 1 – Identify the Governing Matrimonial Law

First determine whether the proceedings arise under:

• Hindu Marriage Act
• Special Marriage Act
• Parsi Marriage and Divorce Act
• Another applicable matrimonial law

Step 2 – Identify the Correct Provision

For a Hindu husband, Sections 24 and 25 HMA may become relevant depending upon the stage and nature of proceedings.

Step 3 – Prepare Financial Disclosures

Collect complete records relating to:

• Income
• Bank accounts
• Property
• Investments
• Loans
• Expenses
• Dependants
• Employment

Step 4 – File the Application

The application should explain:

• Pending matrimonial proceeding
• Applicant’s present financial condition
• Respondent’s known financial position
• Relevant expenses
• Legal basis of relief
• Supporting documents

Step 5 – Reply by Opposite Party

The wife can contest the allegations and place her own financial documents on record.

Step 6 – Financial Affidavits

The Court may examine the parties’ affidavits of assets and liabilities in accordance with the applicable maintenance framework.

Step 7 – Hearing and Order

The Family Court considers the pleadings, documents, disclosures and submissions before determining whether any relief is justified.

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20. How Much Maintenance Can a Husband Get?

There is no universal formula saying:

“The husband gets X% of the wife’s salary.”

Maintenance is not calculated by simply applying one fixed percentage.

The Court examines the relevant statutory factors and financial circumstances.

These can include:

• Income of applicant
• Income of respondent
• Assets
• Liabilities
• Reasonable expenditure
• Dependants
• Standard of living
• Nature of employment
• Financial obligations
• Circumstances of the case

Every matter therefore requires individual assessment.

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21. Does Husband Automatically Get the Same Lifestyle as Wife?

Not automatically.

Maintenance law is not intended simply to equalise every difference in income between spouses.

The Court examines whether the statutory threshold for relief is satisfied and, if so, what amount would be reasonable in the circumstances.

This is why comparing only two salary figures can be misleading.

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22. Is Section 24 Maintenance Permanent?

No.

Section 24 concerns maintenance and litigation expenses during the pendency of matrimonial proceedings.

Permanent alimony is separately dealt with under Section 25 HMA.

This distinction should remain clear in pleadings and client advice.

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23. Can Husband Seek Maintenance After Divorce?

Where Section 25 of the Hindu Marriage Act applies, either spouse may seek permanent alimony in accordance with that provision.

The Court retains discretion after considering the statutory circumstances.

A husband’s claim therefore does not automatically end merely because the decree of divorce has been passed.

The applicability of Section 25 and subsequent modification of an order must be examined according to the facts and statutory conditions.

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24. Maintenance Cases Require Financial Evidence, Not Assumptions

Maintenance litigation increasingly depends upon documentary financial evidence.

Statements such as:

• “She earns a lot”
• “He has no income”
• “His business is running well”
• “She owns several properties”

should, wherever possible, be supported by credible material.

Useful documents may include:

• Salary statements
• Income-tax filings
• Bank statements
• Property documents
• Corporate records
• Loan records
• Investment statements
• Employment information

Accurate documentation helps the Court make a more informed determination.

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25. Why Correct Statutory Provision Matters

A particularly important point for clients is that all maintenance laws are not interchangeable.

For example:

Law	Can Husband Claim Personal Maintenance from Wife?
Section 24 Hindu Marriage Act	Yes, subject to statutory requirements
Section 25 Hindu Marriage Act	Yes, subject to statutory requirements
Section 144 BNSS	Not as a husband’s reciprocal spousal claim
Earlier Section 125 CrPC	Not as a husband’s reciprocal spousal claim
Sections 36–37 Special Marriage Act	Provisions are framed in favour of wife
Sections 39–40 Parsi Marriage & Divorce Act	Relevant provisions refer to either spouse

Therefore, before asking, “Can the husband claim maintenance?”, first ask:

“Under which statute?”

That is often the decisive starting point.

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Frequently Asked Questions

1. Can a husband claim maintenance from his wife in Dwarka Court?

Yes, where the applicable matrimonial statute permits it. Under Sections 24 and 25 of the Hindu Marriage Act, either spouse may seek the specified maintenance or alimony subject to the statutory requirements.

2. Can a husband claim maintenance merely because his wife earns more?

No. Higher income of the wife is relevant, but it does not by itself create an automatic entitlement. The husband’s own income, assets, expenses and financial circumstances are also examined.

3. Can an unemployed husband get maintenance?

Possibly, depending upon why he is unemployed, his financial resources, earning circumstances, qualifications, assets and the wife’s financial position.

4. Can a husband claim maintenance under Section 144 BNSS?

Section 144 BNSS does not provide a general reciprocal maintenance remedy enabling a husband to claim personal spousal maintenance from his wife.

5. Can a husband claim maintenance under Section 24 HMA?

Yes. Section 24 expressly applies to either the wife or the husband who lacks sufficient independent income for support and necessary litigation expenses.

6. Can a husband claim permanent alimony?

Section 25 HMA permits an application by either wife or husband, subject to judicial determination of the relevant circumstances.

7. Can a husband claim litigation expenses?

Yes, Section 24 HMA also deals with expenses of matrimonial proceedings where its statutory requirements are satisfied.

8. Does the husband have to disclose his bank accounts?

Financial disclosure is an important feature of maintenance proceedings. The Supreme Court’s directions in Rajnesh v. Neha provide for affidavits disclosing assets and liabilities in maintenance matters.

9. Can a working husband still seek Section 24 maintenance?

The fact that he earns something does not automatically bar an application. The statutory test concerns whether his independent income is sufficient for his support and necessary proceeding expenses. However, actual income and resources will be closely examined.

10. Is maintenance automatically 25% of the wife’s salary?

No. There is no universal fixed percentage applicable to every matrimonial maintenance case.

Conclusion – Husband’s Maintenance Claim Depends on the Applicable Law and Financial Evidence

A husband can claim maintenance from his wife in India under certain matrimonial statutes, but the proposition should never be stated as though every maintenance law is gender-neutral.

For Hindu matrimonial proceedings, Sections 24 and 25 of the Hindu Marriage Act expressly recognise applications by either spouse.

At the same time:

• Section 144 BNSS should not be treated as a husband’s reciprocal maintenance remedy.
• The Special Marriage Act should not be incorrectly described as granting the husband the same statutory right under Sections 36 and 37.
• Financial disclosure remains central.
• The wife’s higher income alone does not guarantee an order.
• The husband’s income, property, earning circumstances and expenses must also be examined.

For proceedings before Dwarka Courts, Delhi, the correct approach is therefore:

First identify the matrimonial law → identify the correct maintenance provision → examine jurisdiction → prepare complete financial disclosures → then decide whether a maintenance application is legally sustainable.

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— Ankit Gaurav Kainth & Associates (Advocate dwarka) (@ankitkainthadv) February 19, 2026