Hindu Marriage Act, 1955 | Section 24

Section 24 Hindu Marriage Act 1955: Interim Maintenance and Expenses of Proceedings

Section 24 enables a financially disadvantaged wife or husband to seek reasonable maintenance and necessary litigation expenses while proceedings under the Hindu Marriage Act, 1955 are pending.

Key points: The provision is gender-neutral; an application is required; the court considers the incomes of both spouses; and the law calls for disposal of the application, as far as possible, within 60 days of service of notice.

Meaning of maintenance pendente lite

Pendente lite means "during the pendency of litigation." Section 24 provides temporary financial support during a matrimonial case, rather than a final award of permanent alimony. It also permits an order for necessary expenses of the proceedings so that a spouse lacking sufficient independent income can participate effectively in the case.

Section 24 - statutory provision

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.

The proviso was inserted by Section 8 of the Marriage Laws (Amendment) Act, 2001 (Act 49 of 2001), effective 24 September 2001. For the authoritative consolidated text, consult the India Code portal and the Hindu Marriage Act text hosted by the Telangana High Court.

Who can claim maintenance under Section 24?

Either spouse, wife or husband, may apply in a proceeding under the Hindu Marriage Act. The applicant must show that independent income is insufficient for personal support and necessary case expenses. Having some earnings does not automatically disqualify an applicant: the question is whether those earnings are sufficient in the circumstances.

The relief can arise in proceedings such as divorce, judicial separation or restitution of conjugal rights under the Act. The order is discretionary, not automatic, and is based on evidence and the financial circumstances of the parties.

How does the court determine the amount?

Section 24 prescribes no fixed percentage, salary formula or statutory minimum. The court evaluates the applicant's income and the respondent's income to decide what is reasonable. Depending on the evidence, relevant considerations can include:

Actual earnings, assets, liabilities and other available financial resources of both spouses.
Reasonable living expenses and the standard of living during the marriage.
Dependants, necessary obligations and the parties' ability to pay.
Reasonable legal fees and other necessary expenses of the matrimonial proceedings.
Existing maintenance orders and payments, to prevent unjustified duplication.

The Supreme Court in Manish Jain v. Akanksha Jain, (2017) 15 SCC 801, explained the need for a judicious assessment of the parties' financial position and circumstances. See the High Court-hosted statutory compilation and case notes.

Is disposal within 60 days mandatory?

The proviso states that the application shall, as far as possible, be disposed of within 60 days from the date of service of notice on the concerned spouse. This is an express legislative objective for prompt adjudication, but the qualifying words "as far as possible" do not mean that an undecided application automatically succeeds or fails on the 61st day.

How to apply for interim maintenance

File an application under Section 24 before the court dealing with the matrimonial proceeding.
Explain the financial need, including income, expenditure, dependants and the expenses necessary to contest or pursue the case.
Provide supporting material, such as salary slips, bank statements, tax returns, rent receipts, medical expenses and legal-cost details, as applicable.
Disclose assets and liabilities in the applicable format required by the court and the Supreme Court's maintenance guidelines.
Respond to the other party's disclosures and attend the hearing. The court may then award a reasonable monthly amount and litigation expenses.

Supreme Court guidance on maintenance claims

Rajnesh v. Neha (2020)

In Rajnesh v. Neha, Criminal Appeal No. 730 of 2020, judgment dated 4 November 2020, the Supreme Court issued guidelines on disclosure of assets and liabilities, determining maintenance, overlapping proceedings, the effective date of maintenance and enforcement. Parties must disclose relevant prior maintenance proceedings and orders so the court can account for amounts already awarded. Read the judgment text and consult the Supreme Court of India for official case records.

Section 24 concerns interim maintenance for a spouse and necessary proceeding expenses while the matrimonial case is pending. Section 25 deals with permanent alimony and maintenance, including orders made at the time of a decree or subsequently. Section 26 deals with custody, maintenance and education of minor children in proceedings under the Act. These provisions serve different purposes and may be relevant in the same matrimonial dispute.

Frequently asked questions

Can a husband claim maintenance under Section 24?

Yes. The statutory wording expressly allows either the wife or the husband to apply if the financial conditions are met.

Can a working spouse obtain interim maintenance?

Possibly. Employment alone does not defeat the claim; the court considers whether independent income is sufficient for support and necessary proceeding expenses.

Is there a fixed amount of maintenance?

No. Section 24 leaves the reasonable amount to the court after considering the parties' incomes and circumstances.

Does Section 24 cover advocate fees?

The court may award reasonable necessary expenses of the proceedings, which can include legal representation costs where justified.

Does the 60-day period guarantee an order?

No. The Act says applications should be disposed of within that period as far as possible; it does not provide automatic relief if the period is exceeded.

Official legal resources

Legal information only. The outcome of an application depends on the pleadings, evidence, applicable procedural rules and current judicial decisions. Last reviewed: 21 October 2026.