Maintenance Ka Kanoon: Har Baar Mard Hi Galat Nahi Hota!
Explained by Advocate Prabal Bhandari
A must-read for anyone navigating family law or fighting a maintenance case.
In India, maintenance is often seen as a husband’s financial duty, especially after separation or divorce. But the reality is more nuanced—and the law, though empathetic to women, also acknowledges the rights and limitations of men. In my practice as an advocate, I’ve come across countless cases where men are forced to pay maintenance despite facing genuine hardships. So the question arises: Is a man always liable to pay maintenance?
The answer is no—not always. Indian courts have clearly laid down instances where a man can be relieved of this obligation, provided he has substantial and honest reasons.
Let’s break this down with clarity and support from landmark judgments.
One of the key principles courts rely on is "sufficient cause". In the case of C. Ali v. State of Kerala, the court observed that if a man can prove that his inability to pay is due to reasons beyond his control—say, serious illness, loss of job, or financial ruin—then he may not be compelled to pay maintenance. But this isn’t a free pass. The man must show that he wasn’t negligent or dishonest. The courts expect sincerity and transparency.
Another significant ground is lack of financial means. In Smt. Chawali v. State of U.P., the court emphasized that unless the man is truly unable to earn—because he’s unwell, disabled, or otherwise incapacitated—he can't simply walk away from his responsibilities. You can’t just say “I have no money” and be done with it. You need to prove it with medical reports, termination letters, or other strong documents. As a legal professional, I always advise clients to come prepared with solid evidence.
Now let’s talk about deductions and personal liabilities. Courts don’t expect men to pay maintenance if it leaves them penniless. In Tapaswini Das v. Santosh Kumar Swain, the man’s legitimate deductions—such as EMIs, existing responsibilities, and basic living costs—were considered before deciding the maintenance amount. The takeaway is simple: courts aim for balance, not burden.
But what happens if a man simply refuses to pay, without any valid reason? That’s where consequences kick in. In Jitendra Agarwal v. Secretary, Ideal Regency, the court made it clear: jail is a real possibility for defaulters. But let’s be clear—imprisonment doesn’t wipe off the debt. You still owe the amount. This measure is meant to compel compliance, not serve as punishment.
Interestingly, there’s also recognition of genuine incapacity, like mental illness or physical disability. In Sri. Kashimsab v. Smt. Khairunnisa, the Karnataka High Court relieved a man from full maintenance duties after it was proven that he was medically unfit to earn. Courts are not heartless; if you show a true and honest condition, relief is possible.
So here’s the bottom line: Men are not always liable to pay maintenance, especially if they can show:
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There’s a valid and sufficient cause,
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They have no real means of income,
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Their obligations outweigh their earning capacity,
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Or, they are incapacitated due to genuine health or legal issues.
But remember—you can’t just claim it. The burden of proof is on the man. Courts are fair but cautious. As an advocate who believes in empowering both sides, I urge men facing such legal battles to seek proper guidance, prepare their documents, and approach the court with honesty.
And to all the readers—whether you're a husband, wife, or simply someone curious about family law—know your rights, educate yourself, and never assume that the law is one-sided.
If you or someone you know is going through a maintenance-related legal issue, feel free to get in touch. I'm Advocate Prabal Bhandari, and my aim is to bring legal clarity to everyday people—without the jargon and confusion.
Most Googled Questions (and their clear answers):
Final Thought from Advocate Prabal Bhandari:
“Law should protect the vulnerable, not punish the helpless. Let’s understand the law beyond gender—because justice is for all.”
If you liked this post, share it with someone who might need it. Your awareness could save someone’s dignity.
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For further assistance, legal consultation, or to discuss your specific concerns, feel free to connect.
Advocate Prabal Bhandari
Leading Advocate in Ludhiana,
Punjab & Haryana High Court
Practicing Since 2014
Email: advpb14@gmail.com
Website: www.prabalbhandari.com
Mobile: +91-75 2800 6900
Your Rights, My Responsibility.
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