Yes, under certain circumstances, men can claim maintenance from their wives in India. The right to claim maintenance is not gender-specific and can be claimed by either spouse depending on their financial status and the facts of the case.
The right to claim maintenance for a husband is recognised under Section 24 and Section 25 of the Hindu Marriage Act, 1955. The provisions of these laws state that a husband can claim maintenance from his wife if he is unable to maintain himself and has no independent source of income to support himself.
However, the husband needs to establish the fact that he is unable to maintain himself and his financial situation. The amount of maintenance awarded is generally based on the earning capacity of the wife, her financial resources, and her standard of living. if the husband can earn but is not making money, he cannot claim Maintenance from his wife.
However, it is important to note that the court considers several factors such as the financial status of the husband, the reason for the breakdown of the marriage, and the husband's ability to maintain himself before deciding on the amount of maintenance to be awarded. The amount of maintenance awarded to the husband may be lower than that awarded to a wife in similar circumstances.
It is important to note that the right to claim maintenance is not automatic and depends on the individual facts of each case. Therefore, it is advisable to seek legal advice from a qualified family law lawyer to understand the options and remedies available in your specific case.
Additionally, maintenance awarded to the husband is usually limited to a specific period, and he is expected to become self-sufficient during this period. The husband may also lose his right to maintenance if he remarries or is found to be in a relationship with another woman.