Q: Can a husband demand maintenance from his wife ?

Ans: Section 24 of Hindu Marriage Act, 1955 entitles not only the wife but also the husband can claim maintenance pendente lite on showing that he has no independent source of income. However, the husband will have to satisfy the court that either due to physical or mental disability, he is handicapped to earn and support his livelihood. It also held that since the husband was able-bodied and was not mentally ill and only because his business had closed down, he could not be granted any maintenance, it being opposed to spirit of section 24 of the Act; Kanchan v. Kamalendra, AIR 1993 Bom 493.

Conclusion: The husband can not demand maintenance if he is able- bodied, so if a wife is able- bodied and is well qualified as well as earning, she can also not demand maintenance if the life style of husband is not good and he has much liabilities. 

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