Section 24: Maintenance Pendente Lite and Expenses of Proceedings

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.

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.

Explained:

Section 24 of the Hindu Marriage Act, 1955 provides for interim maintenance and litigation expenses during matrimonial proceedings. Its main purpose is to ensure that a husband or wife who lacks sufficient independent income can meet basic living expenses and participate in court proceedings without facing financial hardship.

What Does Section 24 Provide?

Under Section 24, either the husband or the wife may apply for financial assistance if they do not have sufficient independent income to support themselves and pay the necessary expenses of the case. After considering the financial circumstances of both parties, the court may order the other spouse to pay reasonable monthly maintenance and litigation expenses.

This provision is gender-neutral, meaning that both husbands and wives can claim interim maintenance if they satisfy the legal requirements. The amount is not fixed by law and depends on factors such as income, reasonable living expenses, financial obligations and the circumstances of the parties.

The provision also states that, as far as possible, the application should be decided within 60 days from the date the notice is served on the other spouse.

Important Judgments on Section 24

1. Rajnesh v. Neha (2020)

The Supreme Court issued important guidelines for maintenance proceedings, including disclosure of income, assets and liabilities. It also addressed overlapping maintenance claims under different laws to help courts determine appropriate amounts and avoid unjustified duplication.

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

The Supreme Court discussed the principles governing maintenance and emphasised the importance of considering the parties’ financial circumstances and the standard of living when determining a reasonable amount.

3. Amarjit Kaur v. Harbhajan Singh (2003)

The Supreme Court considered the scope of interim maintenance under Section 24 and the principles relevant to granting relief during matrimonial proceedings.

Conclusion

Section 24 of the Hindu Marriage Act, 1955, protects financially disadvantaged spouses while a matrimonial case is pending. It enables eligible applicants to seek reasonable maintenance and litigation expenses, helping ensure that financial difficulties do not prevent them from pursuing their legal rights. The final decision depends on the evidence and circumstances of each case.