Introduction

Matrimonial litigation can continue for months or even years. During this period, one spouse may have substantially greater financial resources than the other. This can create a serious imbalance in the ability of the parties to participate effectively in the legal proceedings.

The law therefore provides a mechanism for financial assistance during the pendency of matrimonial proceedings.

Section 24 of the Hindu Marriage Act, 1955 deals with maintenance pendente lite and expenses of proceedings. It allows a spouse who does not have sufficient independent income for their support and the necessary expenses of the proceeding to seek financial assistance from the other spouse.

This provision is important because matrimonial litigation should not become a process in which a financially weaker spouse is unable to properly present their case merely because they cannot afford legal and related expenses.

Interim maintenance is different from permanent alimony. It is intended to operate during the pendency of the matrimonial proceeding and is subject to the circumstances of the case and the orders of the competent court.

The issue has also received significant attention from the Supreme Court. In recent proceedings, the Court has considered maintenance pendente lite under Section 24 and litigation expenses, including disputes concerning the appropriate quantum and the date from which maintenance should operate.

This article explains the legal framework, eligibility, procedure, factors considered by courts, financial disclosure and practical issues involved in seeking or opposing interim maintenance.

What Is Interim Maintenance?

Interim maintenance, also known as maintenance pendente lite, is financial support granted during the pendency of matrimonial proceedings.

The purpose is to ensure that a spouse who lacks sufficient independent income is able to meet reasonable living expenses while the matrimonial case remains pending.

Section 24 also permits the court to award expenses of the proceeding.

Therefore, an application under Section 24 may involve two distinct components:

• Maintenance during the pendency of the proceedings.
• Expenses necessary for conducting the litigation.

Who Can Claim Maintenance Under Section 24?

An important feature of Section 24 is that it is not drafted exclusively in favour of wives.

The provision applies to either the wife or the husband, provided the statutory requirements are satisfied.

The central question is whether the applicant has sufficient independent income for their support and the necessary expenses of the proceeding.

Therefore, a husband may also seek interim maintenance in an appropriate case if he satisfies the statutory requirements.

What Is the Purpose of Section 24?

The objective is not to punish the spouse with greater income.

The provision seeks to prevent financial inequality from making it impossible for one spouse to maintain themselves or properly participate in matrimonial litigation.

The court therefore attempts to assess:

• The applicant’s income.
• The respondent’s income.
• Reasonable living expenses.
• Existing liabilities.
• Lifestyle and standard of living.
• Financial responsibilities.
• Litigation expenses.
• Other relevant circumstances.

Is There a Fixed Formula for Maintenance?

There is no universal statutory formula under Section 24 prescribing a fixed percentage of the earning spouse’s salary.

The amount depends upon the facts of the case.

Courts may consider:

• Net income.
• Regular expenses.
• Dependants.
• Housing costs.
• Medical expenses.
• Children’s expenses.
• Educational expenses.
• Existing financial obligations.
• Assets and liabilities.
• Standard of living during the marriage.

A claim should therefore be supported by accurate financial information rather than relying upon an arbitrary percentage.

Importance of Income Disclosure

Financial disclosure is extremely important in maintenance proceedings.

The court needs reliable information concerning the financial position of both parties before determining the appropriate amount.

Relevant information may include:

• Salary.
• Professional income.
• Business income.
• Bank accounts.
• Investments.
• Immovable properties.
• Vehicles.
• Loans.
• Liabilities.
• Income tax records.
• Other sources of income.

The Supreme Court’s maintenance jurisprudence has emphasised financial disclosure through affidavits concerning assets, income and expenditure. The principle continues to be important in maintenance litigation.

Does Employment Automatically Disqualify a Wife From Maintenance?

No.

The fact that a wife is employed does not automatically mean that she can never receive interim maintenance.

The relevant question is whether her independent income is sufficient to reasonably support her and meet the necessary expenses of the proceedings, having regard to the circumstances of the case.

Similarly, a spouse cannot automatically claim maintenance merely because the other spouse earns more.

The court examines the overall financial circumstances.

Can a Husband Claim Interim Maintenance?

Yes.

Section 24 is gender-neutral in its wording.

A husband who does not have sufficient independent income to support himself and meet the expenses of the matrimonial proceedings may seek relief under the provision, subject to establishing the statutory requirements.

This is an important aspect of the provision that is often overlooked.

Litigation Expenses Under Section 24

A financially weaker spouse may also seek expenses required to conduct the matrimonial proceedings.

These may include reasonable costs associated with:

• Legal representation.
• Court proceedings.
• Documentation.
• Travel, where appropriate.
• Other necessary litigation-related expenses.

The amount depends upon the circumstances and the court’s assessment.

The purpose is to ensure that a party is not effectively prevented from pursuing or defending a matrimonial case because of financial constraints.

When Should an Application Under Section 24 Be Filed?

A Section 24 application can be filed during the pendency of a matrimonial proceeding governed by the Hindu Marriage Act.

Examples include proceedings relating to:

• Divorce.
• Judicial separation.
• Restitution of conjugal rights.
• Nullity of marriage.
• Other proceedings covered by the statutory framework.

It is generally advisable to raise the issue at an early stage if the applicant genuinely lacks sufficient financial resources.

Procedure for Filing an Interim Maintenance Application

The broad process may involve:

1. Filing the matrimonial proceeding.
2. Filing an application under Section 24.
3. Disclosing income, assets and liabilities.
4. Filing supporting documents.
5. Response by the opposite spouse.
6. Examination of financial information.
7. Hearing of both parties.
8. Determination of interim maintenance and litigation expenses.
9. Compliance with the court’s order.

The precise procedure may differ between courts depending upon local rules and the circumstances of the matter.

Can Maintenance Be Granted From the Date of Application?

The date from which maintenance becomes payable can be an important issue.

Courts may consider the date of the application, the date of the order and the circumstances causing delay.

The appropriate date depends upon the statutory provision involved and the specific judicial order.

A party seeking maintenance should therefore clearly request the appropriate effective date and provide reasons supporting the request.

What Factors Can Increase or Reduce the Amount?

Several circumstances can affect the quantum.

Factors Supporting a Higher Amount

• Significant disparity in income.
• High standard of living during marriage.
• Genuine medical expenses.
• Educational expenses.
• High cost of residence.
• Dependent children.
• Substantial financial resources of the respondent.

Factors That May Reduce the Amount

• Adequate independent income of the applicant.
• Significant existing liabilities of the respondent.
• Other genuine dependants.
• Proven financial obligations.
• Incorrect or inflated claims unsupported by evidence.

The court evaluates the circumstances as a whole.

Can Concealment of Income Affect a Maintenance Case?

Yes.

Suppression or inaccurate disclosure of financial information can seriously affect the credibility of a party.

Where a party deliberately conceals income, assets or financial resources, the court may take appropriate action based upon the evidence and circumstances.

It is therefore advisable to provide complete and accurate financial information.

Maintenance and Multiple Proceedings

Matrimonial disputes frequently involve more than one proceeding.

A spouse may simultaneously face or pursue claims under different statutory provisions.

This does not necessarily mean that a person automatically receives multiple amounts without adjustment.

Courts may consider maintenance already awarded or payable under another proceeding to avoid inappropriate duplication.

This makes disclosure of existing maintenance orders particularly important.

Can Interim Maintenance Continue Until Divorce?

Interim maintenance is generally linked to the pendency of the relevant proceeding.

It is therefore distinct from permanent alimony or post-decree maintenance.

Once the matrimonial proceeding concludes, the nature of the financial relief may change depending upon the applicable law and the orders passed by the court.

What Happens If the Maintenance Order Is Not Paid?

Failure to comply with a valid maintenance order can result in enforcement proceedings and other legal consequences.

A person against whom an order has been passed should not simply stop making payments.

If circumstances have materially changed, the appropriate legal remedy should be pursued rather than unilaterally disregarding the order.

Recent Supreme Court Developments

The Supreme Court continues to deal with disputes concerning interim maintenance, litigation expenses and permanent alimony.

In a 2026 matter concerning Section 24 of the Hindu Marriage Act, the Court considered an order awarding maintenance pendente lite and litigation expenses in matrimonial proceedings.

In another 2026 matter involving a matrimonial dispute, the Supreme Court dealt with an enhancement of interim maintenance from ₹20,000 per month to ₹1,50,000 per month from the date of the application, illustrating how quantum and effective dates can become significant appellate issues.

These developments demonstrate that maintenance is not determined mechanically. The court must consider the financial circumstances and evidence presented by both parties.

Practical Documents for a Section 24 Application

An applicant should consider collecting:

• Salary slips.
• Income tax returns.
• Bank statements.
• Employment records.
• Rent agreements.
• Medical bills.
• School or educational expenses.
• Loan statements.
• Details of dependants.
• Details of assets.
• Existing maintenance orders.
• Evidence concerning the respondent’s income, where lawfully available.

The stronger the documentary foundation, the easier it is for the court to make an informed assessment.

Practical Advice for the Applicant

If you intend to seek interim maintenance:

• File the application promptly.
• Make complete financial disclosures.
• Maintain evidence of genuine expenses.
• Do not exaggerate financial hardship.
• Disclose existing maintenance proceedings.
• Preserve documents supporting your financial position.
• Clearly explain why your income is insufficient.

A realistic and evidence-based claim is generally more effective than an exaggerated demand.

Practical Advice for the Respondent

If you are opposing a Section 24 application:

• Provide accurate income information.
• Disclose genuine liabilities.
• Produce evidence of existing financial responsibilities.
• Identify the applicant’s independent income where relevant and lawfully provable.
• Disclose existing maintenance orders.
• Avoid concealing assets or sources of income.
• Comply with the court’s directions.

The objective should be to place the complete financial position before the court.

Conclusion

Interim maintenance under Section 24 of the Hindu Marriage Act serves an important purpose in matrimonial litigation: it helps ensure that financial inequality between spouses does not prevent either party from properly pursuing or defending a matrimonial case.

The provision is not limited to women. Either spouse may seek relief where the statutory requirements are satisfied. At the same time, the mere existence of a disparity in income does not automatically determine the amount payable. Courts examine the income, assets, liabilities, reasonable needs, standard of living and overall financial circumstances of both parties.

Accurate financial disclosure is therefore central to a fair maintenance determination. The Supreme Court’s continuing consideration of maintenance disputes also demonstrates the importance of presenting complete and reliable information concerning income, assets and expenditure.

For a spouse who genuinely lacks sufficient income, delaying a maintenance application may create unnecessary financial hardship during prolonged litigation. Conversely, a spouse facing a maintenance claim should respond with complete financial information and appropriate documentary evidence rather than treating the proceeding as a purely adversarial exercise.

Ultimately, the purpose of Section 24 is to promote fairness in matrimonial litigation. A properly prepared application or response, supported by accurate financial disclosure and relevant documents, allows the court to determine an appropriate amount based upon the actual circumstances of the parties.

Why Choose Advocate Mayank Dhingra?

Advocate Mayank Dhingra regularly represents clients in interim maintenance proceedings, permanent alimony matters, divorce cases, domestic violence proceedings, child custody disputes and other matrimonial litigation before the Family Courts and the Punjab & Haryana High Court.

Each maintenance matter is assessed on the basis of income, assets, liabilities, family responsibilities, existing proceedings and the specific relief sought, enabling the case to be presented with a focused and evidence-based legal strategy.

Disclaimer

This article is intended solely for general legal awareness and educational purposes. It should not be treated as legal advice. The entitlement to interim maintenance, quantum, effective date and litigation expenses depend upon the facts of each case, the applicable statutory provisions and the orders of the competent court. Professional legal advice should be obtained before filing or contesting a maintenance application.