January 23, 2024
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. 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.