Section 24 of the Hindu Marriage Act, 1955 – Maintenance pendente lite and Expenses of Proceedings
Section 24 of the Hindu Marriage Act, 1955 (HMA) is one of the most significant provisions in matrimonial law. It is designed to provide financial support to a spouse who has no independent income sufficient for their maintenance during the pendency of matrimonial proceedings. This section plays a crucial role in ensuring that neither party suffers due to financial inequality and that both have equal opportunity to defend or pursue matrimonial litigation effectively.
In this detailed article, we will explore the meaning, purpose, procedure, legal interpretation, case laws, and practical aspects related to Section 24 of the Hindu Marriage Act, 1955.
Meaning and Objective of Section 24 of the Hindu Marriage Act
Section 24 of the Hindu Marriage Act, 1955 deals with “maintenance pendente lite and expenses of proceedings.”
The term pendente lite is a Latin expression which means “during the litigation.” Thus, this section provides for temporary financial assistance to either spouse during the pendency of proceedings under the Act.
The main objective of Section 24 is to ensure that a spouse who does not have sufficient independent income to maintain themselves or to meet litigation expenses is not handicapped in pursuing or defending a case. It ensures equality and fairness between the parties irrespective of gender.
This provision recognizes that matrimonial disputes can be emotionally and financially taxing. Without such a safeguard, a spouse with limited or no income would be unable to participate effectively in legal proceedings. Hence, Section 24 empowers the court to grant interim maintenance and litigation expenses to maintain balance between the parties.
Text of Section 24 – Hindu Marriage Act, 1955
The section reads as follows:
**“Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and such monthly sum during the proceeding as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable:
Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.”**
Key Elements of Section 24
- Applicability:
Section 24 applies to all proceedings under the Hindu Marriage Act — including divorce, restitution of conjugal rights, judicial separation, annulment of marriage, or any other matrimonial relief under the Act. - Eligible Person:
Either the husband or the wife can apply for maintenance pendente lite under Section 24. Earlier, maintenance provisions were mainly available to wives, but this section is gender-neutral and equally available to both spouses. - Condition:
The applicant must show that they have no independent income sufficient for their support or to meet litigation expenses. - Discretion of the Court:
The court has discretion to decide whether maintenance should be granted, and if so, the quantum, based on the facts and circumstances of each case. - Timeframe:
The law mandates that such an application should be disposed of within 60 days from the date of service of notice to the other party. However, in practice, delays often occur due to pendency of cases.
Purpose and Importance of Section 24
The purpose of Section 24 is both protective and balancing. It protects a financially weaker spouse and balances the economic disparity between the parties during litigation. The provision ensures that a spouse is not denied justice simply due to lack of resources.
The key purposes are:
- To prevent the stronger party from taking undue advantage of their financial superiority.
- To ensure that both parties can contest the case on equal footing.
- To cover day-to-day living expenses during pendency of proceedings.
- To provide funds for legal representation and litigation-related costs.
- To prevent unnecessary delay in proceedings caused due to lack of resources.
Conditions for Grant of Maintenance Under Section 24
For an application under Section 24 to succeed, certain conditions must be fulfilled:
- Proceeding under the Hindu Marriage Act must be pending:
Section 24 applies only when proceedings like divorce, restitution of conjugal rights, judicial separation, or nullity of marriage are pending before the court. - Applicant has no sufficient independent income:
The applicant must prove that they do not have an independent source of income adequate for their maintenance and litigation expenses. - Respondent has sufficient means:
The other party (respondent) should have sufficient income or means to provide financial assistance. - Reasonableness of the amount:
The amount claimed should be reasonable and justified with respect to the standard of living enjoyed during the marriage.
Procedure to File an Application under Section 24
- Drafting the Application:
The spouse seeking maintenance pendente lite must file an application under Section 24 of the Hindu Marriage Act before the same court where the matrimonial proceedings are pending. - Supporting Affidavit:
The application should be accompanied by an affidavit disclosing the applicant’s income, assets, liabilities, monthly expenses, and the respondent’s estimated income. - Notice to Respondent:
The court issues notice to the other party to file a reply or counter-affidavit disclosing their income and expenditure. - Evidence and Hearing:
The court may call for documentary evidence like salary slips, bank statements, income tax returns, etc. Oral evidence may also be taken if necessary. - Court Order:
After considering both parties’ financial status and the standard of living, the court passes an order determining a reasonable monthly amount as maintenance pendente lite and may also award lump-sum litigation expenses.
Quantum of Maintenance under Section 24
There is no fixed formula or percentage prescribed under the Act for determining the quantum of maintenance pendente lite. The courts generally take into consideration the following factors:
- Income and earning capacity of both parties.
- Standard of living during the marriage.
- Needs and reasonable expenses of the applicant.
- Number of dependents and responsibilities.
- Conduct of the parties (although not a determining factor, it may have some bearing).
- Inflation and cost of living in the locality.
In several judgments, courts have held that maintenance should not be excessive or punitive but should be sufficient to maintain the same standard of living that the applicant enjoyed during the subsistence of marriage.
Important Judicial Pronouncements on Section 24
- Chitra Lekha v. Ranjit Rai (1977) 3 SCC 463:
The Supreme Court held that both husband and wife have equal rights to claim maintenance under Section 24 if they have no sufficient independent income. It reaffirmed the gender-neutral nature of the section. - Manish Jain v. Akanksha Jain (2017) 15 SCC 801:
The Court held that the quantum of maintenance pendente lite must be determined keeping in mind the income of both parties and the standard of living during the marriage. The Court also clarified that the purpose is not to punish but to ensure subsistence. - Rani Sethi v. Sunil Sethi (Delhi High Court, 2011):
The court observed that the wife was entitled to maintenance pendente lite as she had no independent source of income and the husband was living a lavish life. - Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7:
The Supreme Court held that while determining maintenance, the court must balance the needs of the claimant with the paying capacity of the other spouse. - Sanjay Bhardwaj v. State (NCT of Delhi) (2010) Delhi HC:
The Court held that a husband who is unemployed and without means cannot be forced to pay maintenance without considering his actual income and capacity to earn.
Distinction Between Section 24 and Section 25 of the Hindu Marriage Act
| Basis | Section 24 (HMA) | Section 25 (HMA) |
|---|---|---|
| Nature | Temporary maintenance during pendency of case | Permanent alimony or maintenance after decree |
| Duration | Only during pendency of proceedings | After final judgment or decree |
| Objective | To provide immediate financial assistance | To ensure long-term financial security |
| Payable by | Either spouse (gender-neutral) | Either spouse (gender-neutral) |
| Form | Monthly sum and litigation expenses | Periodic payment or lump sum |
| Termination | Automatically ends when proceedings conclude | Continues as per court order or until altered by the court |
Whether Maintenance under Section 24 is Retrospective
Yes. Maintenance pendente lite can be granted retrospectively — that is, from the date of filing of the application — as the purpose of the section is to provide financial assistance during litigation. Courts have consistently held that maintenance should not be delayed due to procedural technicalities.
In case law:
Ramesh Chander Kaushal v. Veena Kaushal (1978) 4 SCC 70 — The Supreme Court observed that maintenance can be awarded retrospectively from the date of the application.
Whether Conduct of Parties is Relevant
Although misconduct is not a bar to claiming maintenance pendente lite, the conduct of the parties may sometimes influence the court’s discretion. For instance, if a party deliberately avoids work or suppresses income to claim maintenance, the court can deny or reduce the amount.
In Kanchan v. Kamalendra (1992) MP HC, it was held that a wife capable of earning but deliberately avoiding employment cannot claim maintenance pendente lite.
Execution of Order under Section 24
If the respondent fails to comply with the court’s order under Section 24, the amount can be recovered through execution proceedings similar to a decree of the civil court. Additionally, courts may impose costs, strike off defence, or stay proceedings until payment is made.
Interplay with Other Maintenance Provisions
Section 24 of the HMA is independent of other maintenance laws. A spouse may also seek maintenance under:
- Section 125 of the Criminal Procedure Code, 1973 – for maintenance of wife, children, and parents.
- Protection of Women from Domestic Violence Act, 2005 (Section 20).
- Section 18 of the Hindu Adoptions and Maintenance Act, 1956 – for maintenance of wife.
However, courts ensure that the same party does not receive double benefit under multiple laws for the same period.
Practical Aspects and Challenges
Despite the statutory provision, several practical challenges are observed:
- Delay in disposal:
Although the law mandates disposal within 60 days, in reality, applications often take months or even years due to court backlog. - Income concealment:
Parties frequently conceal or understate income. Courts often rely on lifestyle indicators, social media posts, and circumstantial evidence to estimate actual income. - Non-compliance with orders:
Some respondents delay payments despite court orders, forcing the applicant to file execution petitions. - False or exaggerated claims:
Courts are cautious about exaggerated claims and ensure reasonableness based on credible evidence.
Illustrative Example
Suppose a wife files a divorce petition under Section 13 of the Hindu Marriage Act. She is a homemaker with no income, while her husband earns ₹1,00,000 per month. She files an application under Section 24 seeking ₹25,000 per month as maintenance pendente lite and ₹50,000 towards litigation expenses.
The court, after verifying income affidavits, may grant ₹20,000 per month as maintenance and ₹30,000 towards litigation expenses, payable from the date of application until disposal of the divorce case. This ensures that she can sustain herself and participate effectively in the proceedings.
Conclusion
To directly answer the question: Section 24 of the Hindu Marriage Act, 1955 provides for maintenance pendente lite (temporary maintenance) and litigation expenses to a spouse who has no sufficient independent income during the pendency of matrimonial proceedings.
This provision is a manifestation of the principle of fairness and equality in matrimonial disputes. It ensures that neither spouse is prejudiced in litigation due to financial incapacity. The section is gender-neutral, allowing both husband and wife to seek interim relief. However, its effectiveness depends on timely adjudication and truthful disclosure of financial status by both parties.
Section 24 acts as a humanitarian and equitable safeguard, protecting the dignity and sustenance of a dependent spouse during a vulnerable phase of life. Proper enforcement of this provision ensures that matrimonial litigation proceeds on an equal footing, upholding the true spirit of justice envisioned under the Hindu Marriage Act, 1955.
Frequently Asked Questions (FAQs)
Q1. Can a husband claim maintenance under Section 24 of the Hindu Marriage Act?
Yes. Section 24 is gender-neutral and allows either the husband or wife to claim maintenance if they have no sufficient independent income.
Q2. When does maintenance pendente lite start and end?
It generally starts from the date of filing of the application and continues till the conclusion of the matrimonial proceedings.
Q3. Can maintenance under Section 24 be claimed in an appeal?
Yes. If an appeal is pending under the Act, Section 24 can still be invoked for interim maintenance during the pendency of the appeal.
Q4. Can maintenance under Section 24 be modified later?
Yes. The court may increase, decrease, or cancel the maintenance amount if circumstances change significantly.
Q5. What if the respondent fails to pay maintenance ordered under Section 24?
The order can be enforced through execution proceedings, and in some cases, the court may strike off the respondent’s defence for non-compliance.
Q6. Is Section 24 maintenance taxable?
Interim maintenance is not considered taxable income for the recipient, and it is not deductible for the payer.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304