Section 24 HMA — Maintenance Pendente Lite and Expenses of Proceedings

Section Text

Section 24 of the Hindu Marriage Act, 1955 provides: "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 monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable."

The proviso states that the application for interim maintenance shall be disposed of within sixty days from the date of service of notice on the respondent.

Plain Language Explanation

Section 24 is a crucial provision that ensures that a financially weaker spouse is not disadvantaged in matrimonial litigation. When a divorce, judicial separation, restitution of conjugal rights, or annulment case is pending before the court, the proceedings can take months or even years. During this time, the spouse who does not have sufficient independent income may struggle to meet basic living expenses and the costs of pursuing or defending the case.

Section 24 addresses this problem by allowing either spouse — whether the petitioner or the respondent — to apply for interim maintenance (maintenance pendente lite, meaning "maintenance during the litigation") and for payment of the expenses of the legal proceedings.

The key features are: first, the provision is gender-neutral — both the husband and the wife can seek maintenance under this section. Second, the claimant must show that they do not have independent income sufficient for self-support and for meeting litigation expenses. Third, the court determines the amount based on the income of both parties. Fourth, the maintenance is payable monthly during the pendency of the proceedings. Fifth, the provision covers not just maintenance but also the expenses of the legal proceedings (such as lawyer's fees and court fees).

The legislative intent is to create a level playing field so that the financially weaker spouse can effectively participate in the proceedings without being forced to submit or compromise merely due to lack of resources.

Key Elements

**1. Applicability — Any Proceeding Under the HMA**

Section 24 applies to any proceeding under the Hindu Marriage Act, which includes petitions for divorce (Section 13), judicial separation (Section 10), restitution of conjugal rights (Section 9), and annulment (Sections 11 and 12). It also applies to appeal proceedings.

**2. Gender Neutral**

Unlike some older maintenance provisions, Section 24 is available to both the wife and the husband. A husband who does not have sufficient independent income can also claim maintenance from the wife during the pendency of proceedings. However, in the vast majority of cases, it is the wife who claims maintenance under this section.

**3. Insufficient Independent Income**

The applicant must demonstrate that they do not have independent income sufficient for self-support and for meeting the expenses of the proceedings. The court considers the applicant's own income from all sources — employment, business, property, investments, and any other means. The test is not whether the applicant has zero income but whether the income is "sufficient."

**4. Having Regard to Both Incomes**

The court determines the quantum of maintenance by considering the income of both spouses. It is a comparative exercise — the court looks at how much the respondent earns and how much the applicant earns, and then arrives at a reasonable amount.

**5. Sixty-Day Disposal**

The proviso requires that the application for interim maintenance be disposed of within sixty days from the date of service of notice on the respondent. This time limit was inserted to prevent delays that would defeat the very purpose of interim maintenance. However, in practice, courts often take longer, and the Supreme Court has directed courts to adhere to this timeline.

**6. Expenses of Proceedings**

In addition to monthly maintenance, the court can order the respondent to pay the expenses of the legal proceedings, including lawyer's fees and court fees. This ensures that the financially weaker spouse has effective access to legal representation.

Practical Application

**Filing the Application**: An application under Section 24 is filed as an interlocutory application within the main matrimonial proceeding. It should clearly state the applicant's financial position, the respondent's income and assets, and the maintenance amount and litigation expenses sought.

**Evidence**: The applicant must provide evidence of their financial position and the respondent's means. This typically includes salary slips, income tax returns, bank statements, property documents, and any other material showing the financial disparity between the parties. The Supreme Court in *Rajnesh v. Neha* (2021) mandated the filing of detailed affidavits of disclosure by both parties.

**Quantum Determination**: There is no fixed formula for determining the quantum. Courts consider factors such as: the status and standard of living of the parties, the income and assets of both parties, the reasonable needs of the applicant, the number of dependants, and any other relevant circumstances. As a rough guideline, courts sometimes award approximately one-third to one-fifth of the respondent's net income, but this varies widely.

**Enforcement**: If the respondent fails to pay the maintenance ordered, the court can enforce the order through various means, including attachment of property, arrest, and civil imprisonment. The court can also draw an adverse inference against the non-paying spouse in the main proceedings.

**Modification**: The order under Section 24 can be modified if there is a material change in circumstances of either party. Either party can apply for enhancement or reduction of the maintenance amount.

Important Judgments

**1. Rajnesh v. Neha (2021) 2 SCC 324**

The Supreme Court laid down comprehensive guidelines for maintenance cases, including Section 24 applications. The Court mandated the filing of affidavits of disclosure of income and assets, laid down criteria for determining the quantum of maintenance, and addressed the issue of overlapping claims under multiple statutes (Section 24 HMA, Section 125 CrPC, Domestic Violence Act).

**2. Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7**

The Supreme Court held that the husband cannot avoid paying maintenance by pleading poverty or by claiming that the wife should go out and earn. The Court emphasised that the purpose of Section 24 is to ensure that the wife is not left destitute during the pendency of matrimonial proceedings.

**3. Shail Kumari Devi v. Krishan Bhagwan Pathak (2008) 9 SCC 632**

The Court held that the right to maintenance under Section 24 is an absolute right, subject only to the applicant establishing that they do not have sufficient independent income. The respondent cannot resist the claim by raising defences on the merits of the main case.

**4. Vimla (K) v. Veeraswamy (K) (1991) 2 SCC 375**

The Supreme Court observed that maintenance pendente lite should be granted at the earliest opportunity and should be adequate to maintain the applicant in a manner reasonably close to the standard of living enjoyed during the marriage.

**5. Mamta Jaiswal v. Rajesh Jaiswal (2000) 6 SCC 213**

The Court held that the sixty-day time limit for disposal of Section 24 applications must be taken seriously by courts, as delay defeats the purpose of the provision and causes hardship to the needy spouse.

Frequently Asked Questions

Can a husband claim maintenance from his wife under Section 24?

Yes. Section 24 is gender-neutral and explicitly provides that "either the wife or the husband" may apply for maintenance pendente lite. If the husband does not have sufficient independent income for self-support and litigation expenses, and the wife has adequate means, the husband can claim maintenance. While such claims are less common, courts have entertained and allowed them when the husband has demonstrated genuine financial need and the wife has been shown to have adequate resources.

Does Section 24 maintenance continue after the divorce is granted?

No. Maintenance under Section 24 is "pendente lite" — it is payable only during the pendency of the proceedings. Once the main matrimonial petition is decided (whether by granting or refusing divorce), the Section 24 maintenance ceases. For post-divorce maintenance, the claimant must seek permanent alimony under Section 25 of the HMA or maintenance under Section 125 CrPC / Section 144 BNSS.

Can maintenance under Section 24 be claimed simultaneously with maintenance under Section 125 CrPC?

Yes. The Supreme Court in Rajnesh v. Neha (2021) acknowledged that a spouse may have simultaneous claims under different statutes — Section 24 HMA, Section 125 CrPC, and the Protection of Women from Domestic Violence Act, 2005. However, the Court directed that the total maintenance amount should be adjusted to avoid double recovery. The court adjudicating a later claim must take into account any maintenance already awarded under another provision.

What happens if the respondent hides their income to avoid paying maintenance?

Courts are vigilant about attempts to conceal income or understate earnings. If the respondent fails to provide accurate financial disclosure, the court may draw adverse inferences. The Supreme Court in Rajnesh v. Neha mandated detailed affidavits of disclosure, and non-compliance or false disclosure can invite penalties including perjury proceedings. Courts also look at the respondent's lifestyle, assets, and spending patterns to determine actual income when documentary proof is inadequate.

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*This content is for educational and informational purposes only and does not constitute legal advice. For guidance on specific situations, consulting a qualified legal professional is recommended.*