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Who can claim

Alimony for husbands in India

The short answer is yes, under one statute, rarely, and only if you genuinely cannot maintain yourself. The longer answer is more interesting.

Paying or receiving, the arithmetic is the same. The estimator asks which side you are on.

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The one route that is open

Section 24 of the Hindu Marriage Act is worded neutrally. It speaks of a party to the proceedings who has no independent income sufficient for their support. Either spouse may apply. The same is true of Section 36 of the Special Marriage Act.

Section 125 CrPC, now Section 144 BNSS, is not neutral. It covers a wife, children and parents. A husband cannot use it.

In practice Courts do grant these applications, but they look hard at whether the husband is genuinely unable to maintain himself or is simply choosing not to earn. An able-bodied man with earning capacity who is voluntarily unemployed will not get far.

When it actually works

The applications that succeed tend to share features. The husband has a disability or a serious health condition that prevents work. The wife's income is substantially higher and well documented. The husband gave up a career during the marriage, often to relocate for the wife's job. Or he is the primary carer for the children.

What does not work is a claim built on the wife earning more, without more. Disparity of income alone is not the test. Inability to maintain oneself is.

Whether you expect to pay or to receive, start from what comparable cases produced.

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Questions people actually ask

Can a husband get alimony in India?

Under Section 24 of the Hindu Marriage Act and Section 36 of the Special Marriage Act, yes. Both are worded neutrally. Under Section 125 CrPC, no, because that section covers a wife, children and parents only.

Does earning less than my wife entitle me to maintenance?

No. The test is whether you have no independent income sufficient for your support, not whether your spouse earns more. Voluntary unemployment will defeat the claim.

This page summarises a reported judgement for general information. It is not legal advice and it is not a substitute for reading the judgement itself or speaking to a lawyer about your own facts.

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