Maintenance pendente lite

Section 24: interim maintenance and expenses, with a comparison to permanent alimony under section 25

In one minute

Maintenance pendente lite is interim support that a court orders while a matrimonial case is pending. Under section 24 either the wife or the husband may claim it, if he or she has no independent income sufficient for support and the expenses of the case.

It ends with the case. After the decree, section 25 allows permanent alimony. The court decides the section 24 application within sixty days of notice, as far as possible.

Exam focus

Frequency: Occasionally asked
Usually asked as: Both (long answer and short answer)

Legal provision

Section 24, Hindu Marriage Act, 1955: this applies in any proceeding under the Act. If the wife or husband has no independent income sufficient for support and the expenses of the case, the court may order the respondent to pay. It can order the expenses and a monthly sum. The sum is what seems reasonable, having regard to the petitioner's own income and the respondent's income.
Proviso to section 24: the application is to be disposed of, as far as possible, within sixty days from the date of service of notice.
Section 25: permanent alimony and maintenance at the decree or later.
Section 26: interim orders on the custody, maintenance and education of minor children, with the same sixty-day target for maintenance and education.

Meaning and definition

Maintenance pendente lite means maintenance while the suit is pending (pendente lite means "while the litigation is pending"). It lets a spouse with no means carry on the case and live during it. The order is interim.

Detailed explanation

Step 1: who can claim

Either the wife or the husband, as the case may be. The Act speaks of "wife or husband". It applies in any proceeding under the Act, including restitution, judicial separation, nullity and divorce, and whether the applicant is the petitioner or the respondent.

Step 2: the test

The court must find that the applicant has no independent income sufficient for support and the necessary expenses. The section speaks of independent income, not of capacity to earn. A spouse who is able to earn but is not earning is judged on the facts of the case.

Example. A wife in Guntur, with no job, files for divorce on cruelty. Her husband earns Rs 60,000 a month. She applies under section 24 for monthly support and costs. The court orders a reasonable sum while the case proceeds.

Step 3: the amount

The court fixes a reasonable monthly sum, having regard to the income of both sides. It also awards the necessary expenses of the proceeding. The aim is to put the applicant in a position to contest the case on fair terms.

Step 4: affidavit of assets

In Rajnesh v. Neha ((2021) 2 SCC 324) the Supreme Court issued guidelines for maintenance cases. Each side files an affidavit disclosing assets and liabilities in a standard format. Interim applications should be decided within four to six months of the affidavit.

Step 5: duration and change

The order lasts until the proceeding ends. It may be varied if circumstances change. After the decree the court can decide permanent maintenance under section 25.

Step 6: comparison with permanent alimony

Section 25 allows a gross sum or a monthly sum for a term not exceeding the applicant's life. The court looks at the incomes and property of both, the conduct of the parties and other circumstances. It may vary or rescind the order if circumstances change. It may do so if the receiving party remarries. For a wife it may do so if she has not remained chaste. For a husband it may do so if he has had sexual intercourse outside wedlock.

Exceptions and special rules

Costs: section 24 covers the expenses of the proceeding as well as support.
Children: interim maintenance and education of minor children is ordered under section 26.
Other laws: a wife may also claim under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, earlier section 125 of the Code of Criminal Procedure. She may also claim under the Hindu Adoptions and Maintenance Act.

Don't confuse: maintenance pendente lite and permanent alimony

Point	Maintenance pendente lite (section 24)	Permanent alimony (section 25)
When	While the proceeding is pending	At the decree or later
Duration	Until the proceeding ends	Up to the life of the applicant
Test	No independent income sufficient	Incomes, property, conduct and circumstances
Form	Monthly sum and costs	Gross sum or periodical sum

Inside the concept. A husband without income files for divorce. During the case his wife, who earns well, pays him a monthly sum and costs. Section 24 allows this because the Act says "wife or husband".

Just outside it. After the divorce decree, the court orders a monthly sum for the wife's life. This is permanent alimony under section 25.

Common mistakes

Saying that only a wife can claim under section 24.
Mixing section 24 with section 25.
Forgetting the sixty-day target.
Forgetting that expenses of the proceeding are also covered.

Apply it

Problem

A wife files for divorce in Hyderabad and applies for maintenance pendente lite. Her husband says she holds a degree and can earn, though she is not working. Decide with reference to the relevant provision.

Issue

Does her capacity to earn bar relief under section 24?

Rule

Section 24 applies where the applicant has no independent income sufficient for support and the necessary expenses.

Application

The wife has no actual independent income. The section does not mention capacity to earn. The court weighs it with the other facts.

Conclusion

The court may grant a reasonable monthly sum and expenses, unless it finds on the facts that she has sufficient means.

Leading case laws

Saroj Rani v. Sudarshan Kumar Chadha
Facts. The husband got a divorce under section 13(1A)(ii) after a restitution decree went unobeyed. The couple had a daughter.

Principle. The Supreme Court awarded the wife maintenance of Rs 200 a month until remarriage and Rs 300 a month for the daughter until marriage.

Why it matters. It shows maintenance being fixed at the decree stage, as section 25 allows.
Rajnesh v. Neha (2021)
Facts. The Supreme Court examined how courts assess maintenance and found that orders rested on pleadings and guess work.

Principle. Each side must file an affidavit disclosing assets and liabilities in a standard format. Interim applications should be decided within four to six months of the affidavit.

Why it matters. It brings uniform disclosure and speed to interim maintenance.

How to write this answer in the exam

5-mark answer

Meaning of pendente lite.
Section 24: who and test.
Amount and time limit.
Difference from section 25.

10-mark answer

Meaning and object.
Persons who may claim.
Test of independent income.
Amount, costs and sixty days; Rajnesh guidelines.
Duration and change.
Comparison table with section 25.

Key points to remember

Section 24: interim maintenance and expenses during any proceeding under the Act.
Wife or husband may claim; test is no independent income sufficient.
Disposal within sixty days of notice, as far as possible.
Section 25: permanent alimony at or after the decree.
Rajnesh v. Neha: affidavit of assets and liabilities.

Quick self-test

1. Can a husband claim maintenance pendente lite?

Yes. The section says wife or husband.

2. What is the target time to decide a section 24 application?

Sixty days from service of notice.

3. Which section gives permanent alimony?

Section 25.