can husband claim maintenance from wife in Kolkata

Under Section 125 CrPC, a husband can claim maintenance from his wife only if he is unable to maintain himself due to physical or mental infirmity, and the wife has sufficient means. The Magistrate Court in Kolkata will examine the husband's incapacity to earn and the wife's financial capacity before passing an order. The Calcutta High Court has held that a husband who is capable of earning but chooses not to work is not entitled to maintenance. West Bengal Premises Tenancy Act 1997 does not generally provide additional rights to husbands for maintenance beyond the central law in West Bengal. The Supreme Court has clarified that maintenance under Section 125 is a social justice measure, and gender-neutral claims are limited to genuine incapacity. The wife's income, assets, and ability to pay are relevant considerations. File the application with medical certificates and income proof of both parties.