HMA Section 24 — Maintenance pendente lite and expenses of proceedings

What does this section state?

Section 24 allows a spouse who has no independent income sufficient for their support and for the necessary expenses of a pending court proceeding under the Act, to apply for an order directing the other spouse to pay reasonable maintenance and litigation expenses for the duration of the case. This ensures that a financially weaker spouse is not deprived of the ability to properly contest or pursue a matrimonial case simply because they lack the resources to do so.

The amount awarded is decided by the court based on the applicant's needs and the other spouse's income and financial capacity, and is intended to be interim — covering the period the case is pending, not a final determination of long-term maintenance, which is addressed separately under other provisions such as Section 25 (permanent alimony).

This provision applies to either spouse, meaning a husband with insufficient independent income can also seek interim maintenance from a financially stronger wife under this section.

Frequently Asked Questions

What does this provision actually do?

See the explanation above. This is a civil, procedural, or constitutional provision rather than a criminal offence, so it doesn't carry a punishment — it defines a right, remedy, or procedure instead.

Can a husband also claim maintenance under this section?

Yes — Section 24 applies to either spouse. A husband with insufficient independent income can seek interim maintenance and litigation expenses from a financially stronger wife, just as a wife can from her husband.

How is the maintenance amount usually decided?

Courts weigh the applicant’s reasonable needs against the other spouse’s income and financial capacity, aiming for an amount sufficient to support the applicant and fund the litigation, without being punitive toward the paying spouse.

Does this maintenance continue automatically after the case ends?

No — maintenance under Section 24 is specifically interim, lasting only for the duration of the pending proceeding. Any longer-term maintenance or alimony must be separately sought and decided under provisions like Section 25.