April 18, 2024

The Hindu Marriage Act, which regulates the most sacred union within the Hindu religion, is an essential component in the intricate web of laws about marriage. Its scope contains Section 24, a provision that is frequently overlooked yet serves as essential for protecting spouses’ financial security and self-determination.

Section 24 provides the court the power to award maintenance to a single or joint spouse after the divorce or separation from marriage sequence has been issued, or while the case continues to be pending. For those, primarily women, who become financially impoverished as a consequence of marital strife, this benefit offers a ray of hope.

Section 24 of Hindu Marriage Act   

In any proceeding under the Hindu Marriage Act, 1955, if a court determines that either the husband or the wife does not have an independent source of income to cover both their support and the necessary costs of the proceedings, the court may, upon the application of the dependent spouse, order the other spouse to pay the following:

  • The costs associated with the proceedings
  • The monthly amount that the court determines is reasonable in light of both spouses’ incomes during such procedures.

section 24 of hindu marriage act: Objectives

  • According to Section 24 of the Hindu Marriage Act, 1955, maintenance pendente lite is intended to provide monetary assistance to the spouse submitting the claim and to pay for the required legal fees.
  • This provision’s main goal is to provide financial support to the claimant spouse so they can maintain themselves and carry on with the legal process.
  • It is crucial to remember that either spouse may ask for pendente lite maintenance under HMA, 1955. Other laws, such as the Criminal Procedure Code (1973) and the Special Marriage Act (1954), prohibit the husband from requesting support; only the wife may do so.

application under section 24 hindu marriage act: When can it be Made?

  • Throughout the continuing legal case, an application for interim maintenance and costs of proceedings according to Section 24 of the Hindu Marriage Act, 1955, may be made at any time.
  • The wife may apply for this grant prior to submitting her written statement if she is the responder.

landmark judgments on section 24 of hindu marriage act

  • In the case of Mamta Jaiswal v Rajesh Jaiswal, when denying maintenance to a highly qualified wife, the HC held that Section 24 was meant to give financial support to any spouse who, despite their best efforts, is unable to sustain herself.

Nonetheless, the law does not anticipate that anyone involved in legal disputes will sit idly by hoping to extract money from the other side.

The court went on to state that Section 24 of the HMA is not intended to produce an Army of idlers who are waiting for the other spouse to give them a dole.

  • In the case of Rupali Gupta v Rajat Gupta, the Delhi High Court’s division bench rejected a well-qualified spouse with the ability to support themselves by claiming maintenance under Section 24 of the Hindu Marriage Act.
  • In the case of Captain Ramesh Chander v Veena Kaushal, the distinction is made between an order pendente lite according to Section 24 of the Hindu Marriage Act and a final finding under the Hindu Adoptions and Maintenance Act. The latter is in charge of covering the costs of the legal action as well as a fair monthly amount that will be determined by the income of the parties involved.

petition under section 24 of hindu marriage act: Procedure

  • An issue is considered as a short investigation according to section 24 of hma act, 1955, rather than as an extended trial.
  • The court cannot refuse to grant interim maintenance and costs associated with the proceedings under Section 24 just because it thinks the petitioner has little chance of winning the dispute.

maintenance under section 24 of hindu marriage act, 1955 provides that in any proceeding, the court may, upon the application of such dependent spouse, order the other spouse to pay the costs of the proceedings as well as the monthly sum during such proceeding as the court finds reasonable in light of the income of both spouses if the court finds that either the husband or the wife has no means of independent income that can cater for his or her support and the required expenses of the proceedings.

Section 24 of Hindu Marriage Act FAQs

  1. What is maintenance under section 24?

Indian courts have the authority to award spouses involved in matrimonial disputes with interim maintenance and reimbursement for court costs under Section 24 of the Hindu Marriage Act, 1955. It permits a financially reliant spouse, husband or wife, to ask for assistance while the legal matter is still pending.

  • Who is not eligible for maintenance?

A woman who has legally wed a second time is only eligible to receive maintenance from that individual if her first marriage has been ruled void or she has received a divorce judgment from her first husband.

  • Who can claim maintenance under section 24 of Hindu Marriage Act?

The Hindu Marriage Act, 1955’s Section 24 permits either the husband or the wife to request interim maintenance.

  • When can a wife claim maintenance?

The Hindu Adoption and Maintenance Act, 1956, Section 18(1), states that a wife who lives apart from her husband is entitled to maintenance. whether the spouse is accountable for abandonment. if the spouse is accountable for abuse. if the husband has the leprosy.

  • Can Section 24 Hindu Marriage Act and Section 125 CrPC be used same time?

According to both Section 125 of the CrPC and Section 24 of the Hindu Marriage Act, a wife may be entitled to maintenance while her divorce is pending.

  • Is it compulsory to pay maintenance to wife?

Maintaining a wife and children is required by law, religion, and common sense.

  • When can a wife not claim maintenance?

Under section 12 of the Domestic Violence Act, a wife who is in an adulterous relationship with another person is not eligible to receive support from her husband.

  • How much maintenance can wife get?

The Supreme Court of India has established that 25% of the husband’s net monthly earnings should be given to the wife in the event that maintenance rules are being paid in the form of monthly payments.

  • What is the punishment for not paying maintenance to wife?

The magistrate may issue warrants for overdue support amounts under Section 125 of the CrPC, with a maximum jail sentence of one month for each month of unpaid maintenance.

  1.  What is Section 24 in favor of the husband?

The Hindu Marriage Act, 1955’s Section 24 addresses giving a dependent spouse interim financial support while court cases are pending. To put it another way, it refers to providing the husband or wife with the required financial support and living needs while their legal case is still pending.

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