Code
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.
Explanation
This section of the Hindu Marriage Act deals with the issue of financial support during a pending matrimonial proceeding. It empowers the court to order the respondent (the party being sued) to provide financial assistance to the petitioner (the party filing the lawsuit) in cases where the petitioner lacks sufficient independent income for their support and the legal expenses of the proceedings.
The court has the discretion to decide the amount of monthly maintenance and the expenses of the proceedings. This decision is made by considering the petitioner’s income and the respondent’s income. The objective is to ensure that the petitioner can participate in the legal process without facing undue financial hardship.
Illustration : Section 24 – hindu marriage act
Consider a scenario where a wife files for divorce and has no independent income, relying on her husband financially. If the husband refuses to support her during the divorce proceedings, she can file an application under Section 24 seeking maintenance pendente lite and expenses of the proceedings. The court will then consider the wife’s financial situation, the husband’s income, and the costs of litigation, and may order the husband to pay a monthly allowance and the legal fees for the divorce case.
Common Questions and Answers
Q: Who can apply for maintenance under Section 24?
A: Both the wife and the husband can apply for maintenance pendente lite and expenses of the proceedings if they lack sufficient income.
Q: What factors does the court consider when deciding the maintenance amount?
A: The court considers the petitioner’s income, the respondent’s income, and the reasonable expenses of the proceeding.
Q: Is maintenance pendente lite mandatory?
A: No, it is discretionary. The court can decide whether or not to grant maintenance based on the circumstances of the case.
Q: How long does maintenance pendente lite last?
A: It is usually granted during the pendency of the matrimonial proceedings. Once the proceedings are finalized, the maintenance order may be discontinued or modified.
Conclusion
Section 24 of the Hindu Marriage Act plays a crucial role in ensuring financial equity between the spouses during the pendency of matrimonial proceedings. It recognizes that access to justice must not be hindered by economic hardship and empowers the court to grant interim maintenance and legal expenses to a financially weaker spouse.
By enabling either party—husband or wife—to seek support when unable to maintain themselves during ongoing legal battles, the law promotes fairness and prevents exploitation. This provision also ensures that one party does not gain an undue advantage in court solely due to superior financial resources.
Whether you are initiating or defending a divorce, judicial separation, or restitution of conjugal rights petition, understanding your rights under Section 24 can protect your interests during the legal process.
For professional legal guidance tailored to your situation, consult with expert family lawyers at ApniLaw today.
