MAINTENANCE PENDENTE LITE AND EXPENSES OF PROCEEDINGS (SECTION 24 OF THE HMA ,1955)

by | Dec 15, 2023

INTRODUCTION

Section 24 of the Hindu Marriage Act, 1955 addresses the crucial aspect of Maintenance Pendente Lite and expenses during legal proceedings. This provision ensures that a dependent spouse, lacking independent income, receives necessary financial support while a matrimonial suit is pending.

SECTION 24: MAINTENANCE PENDENTE LITE AND EXPENSES

Section 24 of the Hindu Marriage Act, 1955 empowers the court, during any proceeding under the Act, to order financial support for a spouse without independent income. This includes covering both the expenses of the legal proceedings and a monthly sum determined by the court based on the income of both spouses.

COMPARISON WITH OTHER ACTS

While similar provisions exist in the Special Marriage Act, 1954, Section 24 of the Hindu Marriage Act stands out by allowing either spouse to claim maintenance, unlike other statutes that restrict this right to the wife.

OBJECTIVE OF SECTION 24

The primary objective of Section 24 is to provide financial assistance to the indigent spouse, ensuring they can sustain themselves during legal proceedings. This support aims to prevent any undue hardship in pursuing or defending a case due to financial constraints.

JUDICIAL DISCRETION UNDER SECTION 24

Courts exercise discretion in determining the amount of interim maintenance, considering the income and conduct of both spouses. The case law, such as Rajendran v. Gajalakshmi, emphasizes that the interim maintenance should be a ‘reasonable’ amount, not arbitrary.

CONSIDERATION OF CONDUCT

The court takes into account the conduct of the parties. If a spouse’s misconduct leads to the end of cohabitation, the court might refuse relief under Section 24.

PRINCIPLES GUIDING COURT’S DISCRETION

The court’s discretion under Section 24 is not arbitrary but judicial. It must align with the objectives of the Act and adhere to ideal principles of matrimonial law, as highlighted in ‘Mukan Kuwar v. Ajit Chand.’

PROCEDURE UNDER SECTION 24

Section 24 involves a summary inquiry rather than a lengthy trial. Even if success in the dispute seems unlikely, the court cannot deny interim maintenance solely on this ground. The proviso mandates disposal of such applications within sixty days from serving notice on the spouse.

QUANTUM OF MAINTENANCE

While Section 24 doesn’t provide rigid rules for determining maintenance, factors like the duration of marriage, means and conduct of spouses, earning capacity, education, and children’s maintenance needs influence the court’s decision.

WHEN CAN AN APPLICATION BE MADE?

An application under Section 24 can be filed anytime during the suit’s pendency. In cases where the wife is the respondent, she can seek interim maintenance before filing her written statement, ensuring timely financial assistance.

MAINTENANCE TO CHILDREN

While Section 24 primarily focuses on the claimant spouse, in exceptional cases, the court may order maintenance for dependent children. The case law, Jasbir Kaur Sehgal v. District Judge, clarifies that the wife’s right to claim maintenance includes that of her unmarried daughter.

EXPENSES OF THE PROCEEDINGS

Section 24 also allows spouses to claim interim maintenance along with necessary expenses of legal proceedings. This encompasses various costs like court fees, lawyer’s fees, witness expenses, and process fees.

ENFORCEMENT OF ORDERS

Courts can enforce orders through methods beyond the Civil Procedure Code. Contempt proceedings, as seen in Narinder Kaur v. Prilam Singh, highlight the consequences for non-compliance with maintenance orders.

EFFECT OF NON-COMPLIANCE ON PENDING APPEAL

Non-compliance with maintenance orders, as discussed in the case of Banso v. Sarwan, can impact pending appeals. The court may take such disobedience into account when deciding on an appeal.

CONCLUSION

Section 24 of the Hindu Marriage Act, 1955 plays a crucial role in ensuring financial support for spouses during legal proceedings. By addressing the interim maintenance and expenses, this provision strives to uphold the principles of justice and fairness in matrimonial disputes. Understanding the nuances of Section 24 is essential for both legal practitioners and individuals navigating the complexities of matrimonial law.

REFERENCE 

1-https://timesofindia.indiatimes.com/city/delhi/no-interim-pay-if-spouses-earnings-equal-clarifies-delhi-hc/amp_articleshow/104512316.cms -THE TIMES OF INDIA 

2-https://www.thehindu.com/news/national/karnataka/wife-paying-maintenance-to-able-bodied-husband-will-promote-idleness-karnataka-hc/article66427063.ece/amp/ -THE HINDU

3-https://www.thehindu.com/news/national/karnataka/alimony-hc-sets-timeline-for-fcs-on-deciding-wifes-plea/article66489960.ece/amp/ -THE HINDU

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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