A matrimonial case can take years, and a spouse without independent income cannot be expected to contest it on an empty purse. Section 24 of the Hindu Marriage Act, 1955 answers this by providing maintenance pendente lite — support during the pendency of the proceeding — together with the expenses of the litigation itself. This article explains the provision, its companion Section 26 for children, and how the remedy sits alongside maintenance under other statutes.
What Section 24 provides
Section 24 of the Hindu Marriage Act, 1955 applies in any proceeding under that Act — divorce, judicial separation, restitution of conjugal rights, or nullity. Where it appears to the court that either the wife or the husband has no independent income sufficient for her or his support and the necessary expenses of the proceeding, the court may, on the application of that spouse, order the other side to pay two things: the expenses of the proceeding, and a monthly sum during the proceeding. The quantum of both is left to the discretion of the court, to be fixed having regard to the income of the applicant and the income of the respondent — the section says the sum should be reasonable in view of the income of both parties.
Two structural features stand out. First, the remedy is expressly gender-neutral: either spouse may apply, which distinguishes it from remedies framed only for the wife. Second, the relief is interim by design — it lives and dies with the main proceeding. Permanent alimony after the decree is governed separately by Section 25 of the Act.
The sixty-day proviso and Section 26
By an amendment of 2001, a proviso was added to Section 24 directing that the application 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. The words as far as possible make the timeline directory rather than absolute, but they set the statutory expectation: interim maintenance is meant to be decided early, not at the fag end of the case.
Section 26 is the companion provision for children. In any proceeding under the Act, the court may pass interim orders, and make provisions in the decree, with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may revoke, suspend or vary such orders. Section 26 carries its own proviso for disposal of applications concerning children within sixty days from service of notice. In a typical contested matrimonial case in Delhi, applications under Sections 24 and 26 are often moved and heard together.
How Section 24 compares with other maintenance routes
| Feature | Section 24 HMA | Section 144 BNSS (formerly s. 125 CrPC) | Section 20 DV Act |
|---|---|---|---|
| Who may claim | Either spouse — wife or husband | Wife, children and parents unable to maintain themselves | The aggrieved person (a woman) and her children |
| Precondition | A pending proceeding under the HMA | Neglect or refusal to maintain, despite sufficient means | An application under s. 12 alleging domestic violence |
| Forum | The matrimonial court — in Delhi, the Family Court | Magistrate of the first class; in Delhi, dealt with by Family Courts | Judicial Magistrate of the first class or Metropolitan Magistrate |
| Duration | Pendente lite — only while the HMA proceeding lasts | Continuing, until varied or cancelled under the statute | As ordered; alterable under s. 25(2) of the DV Act |
| Litigation expenses | Expressly covered | Not the focus of the provision | Monetary relief covers expenses incurred and losses suffered, including maintenance |
| Scope of relief | Monthly maintenance plus expenses of the proceeding | Monthly allowance for maintenance, including interim maintenance and expenses of proceedings under the section | Wide monetary relief: loss of earnings, medical expenses, loss caused by destruction or removal of property, and maintenance |
The three remedies are not competing but overlapping. A wife may hold orders under more than one statute; what the law does not permit is duplication of the same head of support. It is therefore standard practice to disclose every existing maintenance order in each proceeding, and courts adjust the sums so that the aggregate is what the record justifies.
What courts weigh in fixing the amount
The statute itself points to the income of both parties, and the exercise is one of balancing rather than arithmetic. Framed generally, the considerations that recur are these:
Recurring considerations under Section 24
- The income of the applicant and of the respondent, from all disclosed sources;
- The reasonable needs of the applicant, measured against the standard of living the parties maintained during the marriage;
- The earning capacity of each spouse, as distinct from actual declared earnings, including qualifications and past employment;
- Liabilities and dependants each side genuinely supports, such as elderly parents or children from the marriage;
- The expenses reasonably necessary for the litigation itself, which Section 24 separately covers.
Because the exercise is fact-driven, the quality of financial disclosure usually decides the outcome. Suppression of income invites adverse inference; inflated claims of expenditure invite scrutiny of the supporting record.
The affidavit of income in Delhi family courts
In the family courts of Delhi, applications for interim maintenance are decided on detailed affidavits of income, assets, expenditure and liabilities filed by both parties in a prescribed comprehensive format. The affidavit calls for particulars of employment and business income, bank accounts, immovable and movable assets, investments, loans, dependants, monthly expenditure, and the standard-of-living markers of the household — schooling, vehicles, travel and the like — supported by documents such as salary slips, income-tax returns and bank statements. Both sides file, both sides may respond to the other, and the court fixes interim maintenance on this documented picture rather than on bare assertions. A party who files an incomplete or evasive affidavit risks the court drawing conclusions against them on the very points left vague.
Orders under Section 24 are interim and are not immutable: a material change in the income or circumstances of either spouse during the pendency of the case can ground an application for variation, and the final decree may itself deal with permanent alimony under Section 25.
Closing observations
Section 24 exists so that the outcome of a matrimonial case turns on its merits rather than on which spouse can afford to fight it. It is deliberately flexible, gender-neutral and quick in design, even if contested practice slows it down. How it interacts with claims under the BNSS and the Domestic Violence Act, and what disclosure a particular case demands, depend on the facts, and independent legal advice on specific facts is always advisable.
Frequently Asked Questions
Can a husband claim maintenance under Section 24 of the HMA?
Yes. Section 24 is gender-neutral: it opens with the words where in any proceeding under this Act it appears to the court that either the wife or the husband has no independent income sufficient for her or his support. A husband who demonstrates that he has no sufficient independent income and that the wife has the means may therefore seek maintenance pendente lite and litigation expenses from her.
How quickly must a Section 24 application be decided?
The proviso to Section 24, inserted by amendment in 2001, directs that the application for payment of the expenses of the proceeding and monthly maintenance shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent spouse. In practice, contested applications and affidavit requirements often extend this timeline, but the statutory expectation of expedition remains.
Does maintenance under Section 24 bar a claim under other laws?
No single provision is exclusive. Maintenance may be sought under Section 144 of the BNSS (formerly Section 125 CrPC), under Section 20 of the Domestic Violence Act, and under Section 24 HMA, since each statute serves its own purpose. Courts, however, guard against double payment: an amount already being paid under one order is disclosed and adjusted while fixing quantum under another, so that the total remains fair to both sides.
What happens to children during HMA proceedings?
Section 26 of the Act empowers the court, in any proceeding under the Act, to pass interim orders and make provisions in the decree regarding the custody, maintenance and education of minor children, consistently with their wishes wherever possible. Applications concerning children may be disposed of even during the pendency of the main petition, and the section carries its own sixty-day disposal proviso.