Yes, under certain conditions, a husband in India can claim maintenance. Although traditionally, maintenance is awarded to the wife, recent judgments and legal provisions allow husbands to seek maintenance under specific circumstances. The key provisions are:

1. Hindu Marriage Act, 1955 (Section 24 & 25):
   • Section 24 (Interim Maintenance): Either spouse, including the husband, can apply for interim maintenance during the pendency of any matrimonial proceedings. If the husband is unable to support himself and the wife has sufficient means, he can seek maintenance.
   • Section 25 (Permanent Alimony and Maintenance): This section allows either party (husband or wife) to seek permanent alimony. If the husband proves he cannot sustain himself and the wife is financially capable, the court can direct the wife to provide maintenance.
2. BNSS SECTION 144:
   • While Section 144 is primarily used for wives, children, and parents, courts have interpreted it to allow husbands to claim maintenance if they are unable to support themselves due to reasons like unemployment, illness, or other financial hardships, provided the wife has sufficient financial resources.
3. Personal Laws:
   • Muslim Law: Under Muslim personal law, maintenance is typically awarded to the wife. However, if a husband is financially dependent on the wife, courts may consider awarding maintenance.
   • Parsi, Christian, and other personal laws: Some provisions in these laws allow maintenance to be claimed by either spouse, depending on the financial condition and circumstances.
4. Factors Considered by Courts:
   • Husband's financial status and dependency.
   • Wife's income and ability to provide maintenance.
   • The reason for the husband's inability to maintain himself, such as illness or unemployment.
   • Duration of the marriage and any dependent children.

Thus, while less common, a husband can legally claim maintenance from his wife in India under specific circumstances.

Written By: Jasdip Kaur Advocate is registered Research Scholar law (Ph.D) at Amity University is currently she working as senior legal consultant for big 4 MNC , she had worked as legal aid counsel at juvenile justice board appointed by Delhi legal aid services authorities. She has worked as Law officer Women and Child Dept Govt of Delhi NCT Ex panel lawyer govt of Delhi NCT.

She did her schooling from Ghps Vasant Vihar, New Delhi, Graduated in BA English Hons from Mata Sundri college of Women University of Delhi (regular) She did her LLM ( USLLS IP university Delhi Dwarka) Regular.
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