This article is written by Advocate Puneet Bansala, Legal Associate at AK Tiwari & Associates, Law Firm representing clients all over India in matters pertaining to primarily Divorce, Domestic Violence, Dowry, Child Custody, Maintenance, FIR under section 498A, 323, 504, 506, 406, 376, 377, 3/4 DP Act, Bails at Lower Court and High Court, Stay on arrest, Consumer Builder Disputes, Cheque Bounce, Cheating, Forgery, Eviction, Partition Suit, Recovery Suit and many more. The article discusses the concept of Maintenance pendente lite under Section 24 of Hindu Marriage Act, 1955.

Introduction-

Section 24 of Hindu Marriage Act, 1955 talks about the maintenance pendente lite and expenses of proceedings. The ‘pendente lite’ is a Latin term that means ‘while a suit is pending’ or ‘while litigation continues’. Thus the maintenance pendente lite refers to the provision of living expenses and financial support to the spouse (either wife or husband) while a suit is pending.

Section 24 of Hindu Marriage Act, 1955 says that – 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 proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, & monthly during the proceeding such sum as, having regard to the petitioner’s own income & the income of the respondent it may seem to the court to be reasonable.

The provision of interim maintenance under Section 24 applies to the cases of Restitution of conjugal right (Section 9), Judicial Separation (Section 10), Void marriages (Section 11), Voidable marriages (Section 12) and Divorce (Section 13). The primary condition for grant of interim maintenance is that one party to the proceeding does not have sufficient independent income for their support & the required expenses of the proceedings.

Objective of Section 24 of HMA,1995–

The maintenance pendente lite provides for the personal support of the claimant spouse & the required expenses of the proceedings. The objective of maintenance pendente lite & expenses under section 24 of HMA is primarily to provide financial assistance to the claimant spouse in order for them to carryon with the proceedings & maintain themselves. The pendente lite maintenance is provided to either of the spouses under HMA, 1955 i.e., either of the spouse can claim maintenance.

In the case of Chitralekha vs Ranjeet Rai (1997), it has been held at the objective of Section 24 is to provide financial assistance to the indigent spouse to maintain herself or  himself during the pendency of the proceedings and also to have sufficient funds to carry on with the litigation or defend themselves so that they shall not suffer unduly in the conduct of the case for required funds.

Power of Court under Section 24 of HMA–

The Courts have the discretion in passing an order regarding the interim maintenance amount that a spouse may be required to pay to the other based on reasonable grounds. In order to exercise this discretion, the court considers the income of the spouse who has made the application for interim maintenance and the income of the other spouse who is required to pay such interim maintenance and expenses.

In the case of Rajendran  vs GajaLakshmi (1985), the Madras High court held that the interim maintenance under Section 24 of HMA,1955 should be ‘reasonable’ amount.  It was further held that stating the fact that the brother of the wife is an income-earner is irrelevant and is an invalid ground to refuse interim maintenance to the wife under Section 24. Thus the  grant of interim maintenance of rupees 150 per month as ordered by the lower Court was held to be reasonable by the Madras High Court.

Maintenance to Children under Section 24 of HMA, 1995–

The primary object of section 24 of HMA,1955 is to enable the provision of interim maintenance to the claimant spouse along with the expenses of the proceedings. However, in exceptional cases, the court can order the maintenance even for the children who are living with and are dependent on the spouse  who has claimed the maintenance and such  claim has been justified by the court.

In the case of Jasbir Kaur Sehgal vs District judge (1997),  the Hon’ble Supreme Court  has held that provisions under section 24 cannot be given a restricted meaning. It was further held that the wife’s right to claim maintenance pendente lite include her own maintenance and that of her  unmarried daughter living  with her.

Conclusion–

Section 24 of the Hindu Marriage act, 1955 states that in any proceeding under the HMA, 1955,  if a Court  believes  that either the husband or the wife has no source of independent income to provide for his or her support and the required expenses of the proceeding, then the court may on the application of such dependent spouse, order the other spouse to pay the expenses of the proceedings and the monthly sum during such proceedings as the court find reasonable with regard to the income of both the spouses.