Section 24 HMA: Maintenance pendente lite and expenses of proceedings

Hindu Marriage Act, 1955

Section 24 HMA at a Glance

Section 24 HMA lets either spouse in a Hindu Marriage Act proceeding apply for proceeding expenses and monthly maintenance during the case if lacking sufficient independent income. The court is to decide, as far as possible, within 60 days of notice service.

Section 24 HMA Bare Act Text

24. Maintenance pendente lite and expenses of proceedings.
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.

Amendments to this section

Ins. by Act 49 of 2001, s. 8 (w.e.f. 24-9-2001).

Section 24 HMA in Simple Words

Section 24 HMA provides for maintenance pendente lite (temporary financial support while a court case is pending) and the expenses of the proceeding. It applies in any proceeding under the Hindu Marriage Act, 1955, such as a divorce petition under Section 13 HMA, and is open equally to either the wife or the husband.

To grant relief, it must appear to the court that the wife or the husband has no independent income sufficient for that spouse's support and the necessary expenses of the proceeding. On an application by the wife or the husband, the court may order the respondent to pay the petitioner the expenses of the proceeding along with a monthly sum while the proceeding continues.

The court has discretion over whether to pass an order and what amount is reasonable. In fixing a reasonable sum, the court must have regard to both the petitioner's own income and the respondent's income.

Under the proviso to Section 24 HMA, the court must dispose of the application for proceeding expenses and the monthly sum, as far as possible, within 60 days from the date notice is served on the wife or the husband. At or after the decree, permanent alimony and maintenance are governed separately by Section 25 HMA.

When Section 24 HMA Applies

A proceeding under the Hindu Marriage Act, 1955 is pending before the court.
Either the wife or the husband has no independent income sufficient for that spouse's support and the necessary expenses of the proceeding.
The wife or the husband makes an application to the court for proceeding expenses and monthly support during the proceeding.
The court considers both the petitioner's own income and the respondent's income to fix a reasonable sum.
The application is to be disposed of, as far as possible, within 60 days from the date notice is served on the other spouse.

Example of Section 24 HMA

Deepika files a divorce petition against Pradeep under Section 13 HMA before the court in Kanpur. Because Deepika has no independent income sufficient for living support and the necessary legal expenses of the case, Deepika submits an application under Section 24 HMA. Notice of the application is served on Pradeep, who earns ₹85,000 a month. Within 60 days of service of notice, the Kanpur court examines Deepika's income and Pradeep's income under Section 24 HMA. The court orders Pradeep to pay ₹25,000 towards the expenses of the proceeding and ₹18,000 every month to Deepika while the divorce proceeding remains pending.

When Section 24 HMA Does Not Apply

The applying wife or husband already has independent income sufficient for that spouse's support and the necessary expenses of the proceeding.
No proceeding under the Hindu Marriage Act, 1955 is pending before the court.

FAQs on Section 24 HMA

What is Section 24 HMA?▼

Section 24 HMA empowers the court in any Hindu Marriage Act proceeding to order payment of proceeding expenses and a reasonable monthly maintenance sum while the case is pending. Either the wife or the husband may apply if lacking independent income sufficient for support and necessary litigation expenses.

Can a husband claim maintenance under Section 24 HMA?▼

Yes. Section 24 HMA applies explicitly to either the wife or the husband if that spouse lacks independent income sufficient for support and the necessary expenses of the proceeding.

Within how many days must a court decide an application under Section 24 HMA?▼

60 days, as far as possible. Under the proviso to Section 24 HMA, the period of 60 days runs from the date notice of the application is served on the wife or the husband, not from the date of filing.

How does the court decide the monthly amount under Section 24 HMA?▼

By assessing both spouses' incomes. Under Section 24 HMA, the court orders such monthly sum during the proceeding as seems reasonable having regard to the petitioner's own income and the respondent's income.

Does an order under Section 24 HMA continue after the marriage case ends?▼

No. Section 24 HMA provides for monthly support only during the proceeding, whereas maintenance at or after the passing of a decree is governed by Section 25 HMA.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·