Section 24 of The Hindu Marriage Act (HMA) | Maintenance pendente lite and expenses of proceedings

Synopsis

• Bare Act: The exact text of Section 24 of The Hindu Marriage Act, 1955.
• Introduction: Brief overview of the purpose and importance of Section 24 in matrimonial disputes.
• Meaning/Definition/Explanation: Clear explanation of maintenance pendente lite and litigation expenses.
• Interpretation: How courts apply Section 24, with reference to judicial precedents and legislative intent.
• Types/Classifications: Types of relief under Section 24 (maintenance and legal expenses).
• Case Law: Landmark judgments illustrating the application of Section 24.
• Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
• Questions to Think About: Reflective questions to deepen understanding.

Bare Act

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.

Introduction

Imagine going through a divorce case, but you don’t have enough money to pay for an advocate or even for your basic court-related expenses. It’s a stressful situation, right? That’s exactly where Section 24 of the Hindu Marriage Act, 1955, steps in.

This section acts like a support system for a spouse who doesn’t have the financial means to fight a legal battle. Whether it’s a divorce, judicial separation, or restitution of conjugal rights, Section 24 ensures that lack of money doesn’t become a barrier to justice. It allows the court to order the other spouse to pay for legal fees and necessary expenses during the case.

It’s a key provision to make sure both husband and wife get a fair chance to fight their case, no matter their financial situation.

Meaning/Definition/Explanation

Section 24 of The Hindu Marriage Act, 1955, deals with maintenance pendente lite (temporary maintenance during the case) and expenses of proceedings (legal costs). In simple words, if a husband or wife doesn’t have enough money to support themselves or pay for court-related expenses during a case under this Act, they can ask the court for help. The court can then order the other spouse (the respondent) to pay:

• Expenses of the proceeding: This covers costs like lawyer fees, court fees, or other legal expenses.
• Monthly maintenance: A reasonable amount to cover daily living expenses during the case.

The court looks at both the applicant’s income (if any) and the respondent’s income to decide what’s fair. The whole idea is to make things fair—so that no one is forced to drop their case due to lack of money. The section also says that such applications should ideally be decided within 60 days after the notice is served to the other party.

Interpretation

When a husband and wife go to court under the Hindu Marriage Act— whether for divorce, separation, or any other matter— it can become financially stressful for the spouse who has no income or very little income. That’s where Section 24 steps in.

This section allows the court to give temporary financial help (called maintenance pendente lite) and pay for legal expenses. It helps ensure that one spouse doesn’t suffer unfairly just because they can’t afford advocates or living expenses during the case.

Section 24 is all about fairness. Courts interpret it to ensure that a financially weaker spouse isn’t left helpless during legal proceedings. The key points courts consider are:

• No independent income: The applicant must show they don’t have enough money to support themselves or pay for the case. This does not require that the applicant be completely penniless (poor) – it only requires that his or her income be insufficient to cover the legal expenses.
• Reasonable amount: The court decides the amount based on the financial status of both parties. For example, if the respondent earns a lot, the court might order higher maintenance.
• Temporary relief: The maintenance and expenses are only for the duration of the case. Once the case ends, this support stops unless another order (like under Section 25 for permanent alimony) is passed.
• Equal access for both spouses: Unlike some other laws, Section 24 is gender-neutral. Both the husband and wife can apply for relief if they’re financially dependent. The main aim is to provide a fair chance for legal representation and basic living.

Courts have emphasized that the purpose of Section 24 is to provide quick relief so the case can proceed smoothly. In Savitri Pandey v. Prem Chandra Pandey (2002), the Supreme Court clarified that maintenance under Section 24 should be decided based on the needs of the applicant and the paying capacity of the respondent, ensuring neither party is unfairly burdened.

The law also says that this application should be decided within 60 days, so that the needy spouse doesn’t suffer delay.

Types/Classifications

Though the section doesn’t mention types specifically, Section 24 provides two main types of financial relief:

1. Expenses of Proceedings: This includes costs like:

• Advocate fees.
• Court filing fees.
• Other legal expenses (e.g., petitions or travel costs for court hearings).

2. Maintenance Pendente Lite: This is a monthly sum to cover:

• Basic living expenses like food, rent, or clothing.
• Other reasonable needs during the case.

These reliefs apply to any proceeding under the Hindu Marriage Act, such as divorce, judicial separation, or restitution of conjugal rights.

Case Law

Here are two landmark cases that explain how Section 24 is applied:

1. Savitri Pandey v. Prem Chandra Pandey (2002):

• Facts: The wife filed for maintenance under Section 24, claiming she had no income to support herself or fight the divorce case.
• Ruling: The Supreme Court held that the court must consider the income of both parties and award a reasonable amount. It stressed that Section 24 is meant to ensure the financially weaker spouse can participate in the case without hardship.
• Key Takeaway: Maintenance should balance the needs of the applicant with the respondent’s ability to pay.

2. Vinod Dulerai Mehta v. Kanak Vinod Mehta (1990):

• Facts: The husband applied for maintenance under Section 24, as he had no independent income, while the wife was earning.
• Ruling: The Bombay High Court allowed the husband’s application, emphasizing that Section 24 is gender-neutral and applies to either spouse if they lack sufficient income.
• Key Takeaway: Section 24 isn’t just for wives; husbands can also claim maintenance if they’re financially dependent.

3. Shailja & Anr v. Khobbanna (2018 SC): The Supreme Court held that earning capacity is not the same as actual earning. Just because a wife is educated doesn’t mean she earns or is able to earn. The court must see real facts.

4. Rajnesh v. Neha (2020 SC): The court issued detailed guidelines on how maintenance should be calculated. It said both parties must disclose their income and assets, and maintenance should be fair and realistic.

5. Manokaran v. Devaki (2003 Madras HC): Even husband can claim maintenance under Section 24 if he proves he has no source of income and the wife earns well.

Multiple Choice Questions (For All India Bar Exam Preparation)

1. What is the primary purpose of Section 24 of The Hindu Marriage Act, 1955?
   a) To provide permanent alimony after divorce
   b) To ensure temporary maintenance and litigation expenses during proceedings
   c) To settle property disputes between spouses
   d) To grant custody of children
   Answer: b) To ensure temporary maintenance and litigation expenses during proceedings
2. Who can apply for relief under Section 24?
   a) Only the wife
   b) Only the husband
   c) Either the wife or the husband
   d) Only the children of the marriage
   Answer: c) Either the wife or the husband
3. What is the time limit for disposing of an application under Section 24?
   a) 30 days
   b) 60 days
   c) 90 days
   d) No time limit
   Answer: b) 60 days
4. What does the court consider while deciding the amount under Section 24?
   a) Only the applicant’s income
   b) Only the respondent’s income
   c) Both the applicant’s and respondent’s income
   d) The duration of the marriage
   Answer: c) Both the applicant’s and respondent’s income
5. In which case did the Supreme Court clarify the principles for awarding maintenance under Section 24?
   a) Vinod Dulerai Mehta v. Kanak Vinod Mehta
   b) Savitri Pandey v. Prem Chandra Pandey
   c) Shah Bano v. Mohd. Ahmed Khan
   d) None of the above
   Answer: b) Savitri Pandey v. Prem Chandra Pandey
6. In Rajnesh v. Neha, the Supreme Court gave guidelines on:
   a) Bigamy
   b) Divorce procedure
   c) Maintenance calculation
   d) Dowry prohibition
   Answer: c) Maintenance calculation
7. What is “pendente lite”?
   a) Before marriage
   b) During the case
   c) After the case ends
   d) During honeymoon
   Answer: b) During the case
8. Section 24 provides which kind of maintenance?
   a) Permanent alimony
   b) Maintenance during court case only
   c) Maintenance to parents
   d) None of the above
   Answer: b) Maintenance during court case only

Questions to Think About

1. Why do you think Section 24 allows both husbands and wives to apply for maintenance? How does this promote fairness in court proceedings?
2. What challenges might arise if courts don’t follow the 60-day timeline for deciding Section 24 applications?
3. How can courts ensure that the amount awarded under Section 24 is fair to both the applicant and the respondent?
4. Should Section 24 also cover expenses for children during the case, or is it enough to focus on the spouses? Why?
5. In what situations might a husband need to apply for maintenance under Section 24, and how does this reflect changing social norms?
6. What happens if the paying spouse hides their real income? How can courts deal with that?
7. Should Section 24 also help people in live-in relationships?
8. Is the 60-day time limit really followed in practice?
9. Is it fair to deny maintenance to the petitioner (husband or wife) if they engaged in sexual relations with another person before the divorce?