Section 24 HMA provides for maintenance pendente lite and expenses of proceedings, entitling either spouse in a matrimonial proceeding under the Hindu Marriage Act, 1955 to claim interim financial support from the other spouse during the pendency of the case. Under Indian law, this provision ensures that a financially weaker spouse is not forced to compromise litigation for want of funds.
Legal definition
Section 24 of the Hindu Marriage Act, 1955 provides:
Section 24: 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.
The section is notably gender-neutral — either spouse can invoke it. The court must dispose of the application within 60 days from the date of service of notice on the respondent. Section 36 of the Special Marriage Act, 1954 contains a virtually identical provision for marriages solemnised under that Act.
How courts have interpreted this term
Jasbir Kaur Sehgal v. District Judge, Dehradun [(1997) 7 SCC 7]
The Supreme Court held that Section 24 cannot be read in isolation or given a restricted meaning. The wife is entitled to maintenance pendente lite for herself and for dependent children living with her, including unmarried daughters. The Court established that no fixed formula exists for determining quantum — the court must consider the status of the parties, their respective needs, the capacity of the respondent, and the petitioner's independent income.
Rajnesh v. Neha [(2021) 2 SCC 324]
The Supreme Court brought Section 24 HMA within the scope of its comprehensive maintenance guidelines, directing that a mandatory Affidavit of Disclosure must be filed in all maintenance proceedings, including under Section 24. The Court held that maintenance under Section 24 should be awarded from the date of filing, and amounts awarded under Section 24 must be adjusted against amounts awarded under Section 125 CrPC or the DV Act to prevent double recovery.
Shail Kumari Devi v. Krishan Bhagwan Pathak [(2008) 9 SCC 632]
The Court confirmed that Section 24 HMA obliges the court to consider the application expeditiously because the very purpose of interim maintenance is to enable the weaker spouse to sustain litigation. Any delay in deciding a Section 24 application defeats its purpose.
Why this matters
Section 24 HMA addresses a fundamental inequity in matrimonial litigation — the disparity in financial resources between spouses. In practice, the spouse with greater financial means can prolong proceedings through adjournments and appeals, effectively using the litigation process itself as a weapon of attrition. Section 24 counteracts this by ensuring the financially dependent spouse has resources to pursue or defend the case.
The provision has particular significance for women who are homemakers or have limited independent income. Without interim maintenance and litigation expenses, many women would be compelled to accept unfavourable settlements simply because they cannot afford to continue litigating. Section 24 thus serves as an equaliser, ensuring that the outcome of matrimonial proceedings is determined by merit rather than financial dominance.
For practitioners, the tactical importance of Section 24 is considerable. Filing a Section 24 application early in proceedings creates immediate financial pressure on the respondent and secures funds for the client. The court's discretion on quantum is wide — it considers the standard of living during marriage, the respondent's income and assets, the petitioner's needs, and the expenses of the proceeding itself. Courts may also award arrears from the date of filing, which can accumulate into a substantial sum by the time the application is decided.
Related terms
Broader concepts:
Related provisions:
Related proceedings:
Frequently asked questions
Can a husband claim maintenance under Section 24 HMA?
Yes. Section 24 is gender-neutral and permits either spouse to claim maintenance pendente lite and expenses of proceedings. A husband who has no independent income sufficient for his support and the expenses of the proceeding can apply under Section 24 against a wife with sufficient means, though such claims are less common in practice.
How long does it take to get a Section 24 order?
The statute provides that the court should dispose of a Section 24 application as expeditiously as possible. The Rajnesh v. Neha guidelines emphasise that interim maintenance applications should be decided, as far as practicable, within 60 days from the date of service of notice. In practice, timelines vary by court, but the trend is toward faster disposal.
Can maintenance under Section 24 be claimed along with Section 125 CrPC?
Yes, a spouse can file under both provisions simultaneously. However, following Rajnesh v. Neha (2021), amounts awarded under one statute must be adjusted against amounts awarded under the other. The total quantum across all proceedings remains the same — parallel filings do not result in cumulative recovery but may provide faster interim relief.
Does Section 24 cover children's expenses?
The Supreme Court in Jasbir Kaur Sehgal (1997) held that Section 24 must not be read restrictively. Maintenance pendente lite for a wife includes provision for dependent children living with her, including unmarried daughters. The court considers the needs of the entire dependent unit when determining quantum.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.