Maintenance Under Section 24 HMA

Key Highlights of Section 24 HMA

Eligibility: Either spouse, who has no sufficient income for their own support, may apply

Section 24 of the Hindu Marriage Act ensures that the legal framework does not discriminate based on gender when it comes to financial dependency. Either spouse—whether husband or wife—who lacks sufficient independent income to support themselves, is eligible to apply for maintenance under this section. The key criterion is financial insufficiency, not gender or who initiated the proceedings. The applicant must provide a reasonable explanation and supporting documents to show that their income is inadequate to maintain a standard of living comparable to what they enjoyed during the marriage. It is important to note that the court considers actual income, not mere potential earnings. For example, a spouse who is qualified but unemployed or underemployed may still be eligible if they are genuinely unable to earn a livelihood due to valid reasons. The provision aims to ensure that the economically weaker spouse is not forced into a position where they must compromise on their legal rights simply because they cannot afford to sustain themselves during the litigation. Ultimately, the court evaluates various factors, such as age, health, qualifications, and existing sources of income before determining eligibility for maintenance under this section.

During Pendency: Relief is granted only while matrimonial proceedings are ongoing

The relief granted under Section 24 is strictly limited to the period during which the matrimonial proceedings are pending before the court. This includes cases such as divorce, judicial separation, annulment, or restitution of conjugal rights. Once the final judgment in the primary case is delivered, the benefits under this provision cease to apply. The term “pendente lite,” which means “during litigation,” highlights the temporary nature of this financial support. This ensures that the financially dependent spouse can effectively sustain themselves and participate in the litigation process without being coerced or disadvantaged due to financial constraints. The court takes a practical approach while assessing the need and duration of such relief. Interim maintenance helps avoid unjust hardship and maintains parity between spouses. However, it is not a permanent financial solution and does not extend beyond the conclusion of the legal proceedings. If the litigation is prolonged, the party receiving the maintenance may request a continuation or enhancement of the amount by showing that their financial circumstances remain unchanged. This mechanism preserves the balance of justice and prevents misuse of dominant financial power during litigation. It ensures that the weaker spouse is not left vulnerable or unsupported while the matter is sub judice.

Litigation Costs: Apart from monthly maintenance, the court may also direct the respondent to pay legal expenses

In addition to awarding monthly maintenance, Section 24 of the Hindu Marriage Act empowers the court to direct the financially stronger spouse to bear the legal expenses of the dependent spouse. These litigation costs include lawyer fees, court filing charges, documentation expenses, and any other relevant costs that are necessary to effectively pursue or defend the ongoing case. The intention behind this provision is to guarantee that both parties have a fair chance to represent themselves legally, regardless of their economic condition. The applicant must detail the expected or already incurred litigation costs while filing for such relief. The court then considers factors like the income of both parties, the complexity of the case, and the standard legal fees before granting the amount. This safeguard prevents a situation where one spouse uses their financial superiority to suppress the other party's legal participation. It also encourages equitable access to justice and professional legal aid. The relief under this clause is separate from maintenance and is specifically aimed at ensuring legal representation. It is especially important in high-conflict or contested matrimonial cases, where legal support is essential. By addressing litigation expenses, Section 24 promotes procedural fairness and protects the dignity of the dependent spouse.

Fairness Principle: The court ensures that the applicant can contest or defend the case without economic hardship

Criteria Considered by Courts

The income, assets, and liabilities of both parties

When determining maintenance pendente lite under Section 24 of the Hindu Marriage Act, courts first assess the actual income, properties, savings, and debts of both the applicant and the respondent. This comprehensive financial review ensures a fair understanding of the economic situation of each party. Courts do not only consider salaries or direct earnings but also include rental income, dividends, business income, and other financial interests. Similarly, liabilities such as loans, EMIs, and financial commitments are factored in. The respondent's capacity to pay is balanced with the applicant's genuine financial need. This helps prevent both under-compensation and financial burden. Courts require documentary evidence such as salary slips, bank statements, income tax returns, and property documents to make informed decisions. Full disclosure by both parties is essential, and any attempt to hide income or inflate liabilities can affect the outcome. The goal is transparency and equitable distribution of financial responsibilities during litigation.

The reasonable living needs of the applicant

The applicant’s genuine and reasonable living needs are central to the court’s decision under Section 24 HMA. This includes basic necessities such as food, clothing, housing, healthcare, utilities, and personal expenses. Courts also consider lifestyle-related costs consistent with what the applicant was accustomed to during the marriage. If children are living with the applicant, their routine expenses such as education, transportation, and medical needs are also considered. The idea is not to provide luxury or excessive comfort, but to maintain a dignified and stable standard of living that does not force the applicant into financial distress. The court closely examines the claims made by the applicant to determine if they are justified and not inflated. It ensures that the applicant can meet day-to-day expenses during the litigation without having to depend on charity or compromise their well-being. By focusing on reasonable needs, the court upholds dignity and fairness in matrimonial proceedings.

The standard of living maintained during marriage

Courts place significant weight on the standard of living enjoyed by both spouses during their married life. This becomes a benchmark in determining the level of maintenance required. If the couple lived a comfortable, middle- or upper-class lifestyle, the applicant should not be forced to drop to a level of subsistence due to financial dependency after separation. Factors such as the type of residence, household amenities, travel habits, social engagements, and general lifestyle choices during marriage are considered. This ensures that the maintenance awarded reflects the economic status the applicant was accustomed to. The aim is to allow continuity in living standards, preventing sudden or harsh downward shifts in lifestyle caused by financial imbalance during litigation. However, the court also ensures the award is not overly burdensome to the respondent. By striking this balance, the provision under Section 24 promotes fairness and preserves dignity, ensuring that both parties are treated with respect regardless of current marital discord.

Dependents, existing obligations, and earning potential

In addition to direct financials, the court also examines whether either party has dependents such as children, aged parents, or others financially reliant on them. These obligations influence both the applicant’s need and the respondent’s ability to pay. For instance, if the respondent is already bearing the financial burden of dependents, the court takes that into account while deciding the amount. Simultaneously, the earning capacity or potential of the applicant is considered. If the applicant is educated, skilled, and physically fit to earn but chooses not to, the court may adjust or deny relief accordingly. Conversely, if the applicant genuinely cannot work due to health, childcare responsibilities, or lack of employment opportunities, their dependency is validated. This approach ensures that maintenance is not misused and is truly granted to those in need. The court strives for a balanced approach—recognizing actual obligations and income capacity while ensuring that justice is not denied due to financial strain.

The conduct of parties (in rare cases)

Though Section 24 primarily focuses on financial factors, the conduct of the parties may be taken into consideration in rare and exceptional circumstances. Courts generally avoid using moral judgments in maintenance matters, but if it is found that the applicant has willfully suppressed facts, misled the court, or has filed the petition in bad faith, such conduct may influence the court’s decision. Similarly, if a respondent is found deliberately hiding income or refusing to pay despite financial capacity, it may reflect poorly during proceedings. The aim is not to punish or reward either party based on past behavior but to ensure the sanctity of judicial proceedings and discourage misuse of the law. Bad faith, fraudulent conduct, or abuse of process by either spouse can lead to adverse inferences. However, such cases are rare, and the primary focus remains on financial necessity and capacity. The conduct criterion serves as a cautionary filter in select cases.

Difference Between Section 24 and Section 25 HMA

Section 24 and Section 25 of the Hindu Marriage Act, 1955, both deal with maintenance, but they serve different purposes and apply at different stages of matrimonial litigation. Section 24 relates to maintenance pendente lite, which is temporary and intended to provide financial support to a dependent spouse during the pendency of matrimonial proceedings such as divorce, annulment, judicial separation, or restitution of conjugal rights. It also includes litigation expenses, allowing the applicant to conduct or defend the case effectively without financial hardship. This interim relief ceases once the final judgment is passed. In contrast, Section 25 deals with permanent alimony and maintenance and comes into effect after the conclusion of the matrimonial case. It allows the court to grant a lump sum or periodic maintenance to the spouse who is unable to maintain themselves, depending on the circumstances and merits of the case. This section provides long-term financial security and may continue for the lifetime of the applicant or until they remarry or become self-sufficient. The court considers factors such as age, financial status, conduct of the parties, and duration of marriage. Thus, while Section 24 addresses immediate, short-term financial needs during litigation, Section 25 offers a more permanent and comprehensive solution post-judgment, ensuring that the economically weaker spouse is not left destitute after the legal separation or divorce is finalized.

Importance of Legal Representation

In matrimonial litigation, especially when dealing with sensitive issues like maintenance under Section 24 of the Hindu Marriage Act, having competent legal representation is crucial. Whether you are the applicant seeking maintenance or the respondent defending against the claim, the guidance of an experienced matrimonial lawyer can significantly influence the outcome of your case. A lawyer’s role begins with correctly interpreting your legal rights and responsibilities. They assist in drafting a well-structured and legally sound petition or reply, ensuring that all the necessary details and supporting documents are included. This includes preparing detailed income affidavits, compiling financial disclosures, and presenting a true picture of your financial status before the court. For applicants, a skilled lawyer can effectively argue for fair and adequate maintenance based on genuine financial need and living standards. On the other hand, for respondents, legal counsel can help resist exaggerated or baseless claims by exposing inconsistencies in the other party’s assertions. A lawyer also ensures that the case is presented in a professional manner, minimizing procedural delays and avoiding technical errors that could harm your position. Moreover, family law matters are often emotionally charged, and a legal professional provides objective guidance, helping clients stay focused on lawful and practical solutions. The lawyer’s experience in dealing with similar matters brings strategic insight and advocacy skills that can influence interim relief outcomes. In addition to courtroom representation, lawyers help negotiate settlements or consent orders when appropriate, saving time and reducing conflict. Ultimately, legal representation ensures that your rights are protected, your interests are advocated effectively, and the entire process is handled efficiently and fairly. In a domain as delicate and financially impactful as Section 24 proceedings, professional legal support is not just helpful—it is essential.

Get Expert Legal Support

At Top Divorce Lawyer, we specialize in handling complex and sensitive matrimonial matters, including applications under Section 24 of the Hindu Marriage Act. Our team understands the emotional and financial challenges involved in matrimonial litigation and is committed to providing professional, compassionate, and results-driven legal support. We offer personalized legal advice tailored to your specific circumstances, ensuring that your case is approached with the attention and strategy it deserves. Whether you are seeking interim maintenance or defending against an exaggerated claim, our legal experts will guide you through every step of the process. We assist in the swift drafting and filing of applications and replies, ensuring that all documents, income affidavits, and financial disclosures are prepared accurately and comprehensively. Our team is well-versed in court procedures and timelines, helping you avoid unnecessary delays and ensuring timely action on your case. We also represent clients effectively before the family courts, making strong legal arguments to protect your interests and secure a fair outcome. Additionally, we provide full assistance with gathering and presenting evidence, including financial documents, proof of income, dependents’ needs, and lifestyle expenses. This ensures that your case is supported by a solid factual foundation, increasing the chances of a favorable decision. We take pride in offering strategic and practical solutions, whether through litigation or settlement. With our extensive experience and deep understanding of family law, you can trust us to handle your Section 24 maintenance case with utmost professionalism and care. Choosing Top Divorce Lawyer means choosing confidence, clarity, and a strong legal voice in times of personal uncertainty. Contact us today to schedule a consultation and take the first step toward securing your rights and financial stability during your matrimonial proceedings.

Contact Us Today

Are you facing a maintenance claim or planning to file one under Section 24 of the Hindu Marriage Act (HMA)? Whether you are seeking maintenance or defending against an unjust claim, navigating the legal process can be emotionally and financially draining without the right guidance. At Top Divorce Lawyer, we understand the complexities of matrimonial disputes and provide strategic, client-focused legal assistance for maintenance pendente lite and expenses of proceedings. Section 24 HMA allows either spouse—husband or wife—to apply for interim maintenance and litigation expenses during the pendency of matrimonial proceedings. However, each case requires proper documentation, accurate financial disclosures, and compelling representation before the court. This is where our experienced family law advocates step in to help you present a strong case based on facts, fairness, and legal merit. We assist clients in filing or contesting maintenance petitions, responding to notices, calculating reasonable financial support, and ensuring the court is presented with a complete and convincing picture. Whether you reside in the same city or are fighting a cross-jurisdictional matter, we make the process seamless and transparent. Don’t let uncertainty or procedural delays affect your rights or peace of mind. Book a consultation today with our dedicated legal team and receive personalized advice suited to your unique circumstances. With years of experience in family courts and High Courts across India, we are committed to helping you achieve a just and fair outcome under Section 24 HMA. Get in touch now and take the first step toward securing your financial and legal stability.