Section 24 HMA: Maintenance pendente lite and expenses of proceedings

Section 24 of Hindu Marriage Act: Maintenance pendente lite and expenses of proceedings

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 24

Section 24 of the Hindu Marriage Act, 1955 empowers the court to grant maintenance pendente lite and litigation expenses to a spouse lacking independent income.

Statutory Relief & Application: Section 24 is a gender-neutral interim relief mechanism.
Operational Statutory Relief & Application: Where in any proceeding under the Act it appears to the court that either the wife or the husband has no independent income sufficient for her or his support.
Judicial Powers & Orders: Necessary expenses of the proceeding, it may, on the application of such spouse, order the respondent to pay 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.
Mandatory 60-Day Disposal Window: The proviso mandates that an application for interim maintenance and litigation expenses shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Rajnesh v. Neha (2021) 2 SCC 324: The Supreme Court laid down comprehensive guidelines for uniform determination of maintenance across all personal laws and statutes, mandating the compulsory filing of detailed Affidavits of Assets and Liabilities by both parties and ruling that maintenance must be awarded from the date of application.
Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7: The Supreme Court held that the court has wide discretion under Section 24 to assess the standard of living of the parties and the spouse's genuine income, emphasizing that the non-working spouse is entitled to live with the same dignity and comfort as enjoyed in the matrimonial home.
Dharmendra Kumar v. Usha Kumar (1977) 2 SCC 474: The Supreme Court recognized that the right to interim maintenance and expenses under Section 24 is a vital statutory entitlement to ensure access to justice during the pendency of matrimonial litigation.

Legal Commentary:

Section 24 proceedings are among the most fiercely contested interlocutory stages in matrimonial litigation. Following Rajnesh v. Neha, courts strictly scrutinize the mandatory disclosure affidavits, bank statements, and tax returns to penetrate artificial income suppression. Willful non-payment of interim maintenance attracts coercive remedies, including striking off the defense, attachment of salaries, and contempt of court.

Section 24: Maintenance pendente lite and expenses of proceedings

Section 24 of Hindu Marriage Act: Maintenance pendente lite and expenses of proceedings

Legal Commentary & Landmark Judgments: Section 24