Is a husband always required to pay maintenance to his wife? Not always!

•Maintenance laws are governed by various religious personal laws.

•In most cases the husband is required to pay maintenance to his wife but the court may reject the request to grant maintenance to the wife, if the husband proves that;

1.The wife has sufficient means to maintain herself.

2.Earns more than the husband.

3.She is involved in adultery.

4.Has performed a second marriage.

•The wife could also be ordered by the court to pay maintenance to the husband.

•However, this is only possible if the marriage is performed in accordance with the Hindu Marriage Act, 1955. There is no provision in the Special Marriage Act, 1954 that guarantees maintenance to a husband. •In a recent case of Bhagyashri Vs. Jagdish the Bombay High Court allowed an application for payment of maintenance to the husband stating that in cases where the husband is a destitute and cannot maintain himself, he can claim maintenance from his wife who is earning.

Do you think maintenance laws are fair towards husbands?

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