Litigation Expenses to Wife in Matrimonial Cases: Rights Under Section 24 of the Hindu Marriage Act

Legal battles in matrimonial disputes can be emotionally and financially exhausting. Often, one spouse, mainly the wife, may not have the financial means to encourage the litigation. Indian law states that this is imbalanced and provides restorative treatment through interim maintenance and litigation expenses. The Hindu Marriage Act, 1955 and other statutes provide clear provisions to support the spouse who is economically weak.

One such important provision is Section 24 of the Hindu Marriage Act, which empowers the court to order litigation expenses which included legal fees, lawsuit expense and monthly support like maintenance and financial assistance during the pendency of the case.

What is Section 24 of the Hindu Marriage Act (HMA), 1955)?

Section 24 deals with “maintenance pendente lite”—meaning maintenance during the pendency of litigation.

Key Provisions: If the court is satisfied that either spouse (husband or wife) has no independent income sufficient for personal maintenance or for litigation expenses, it may order the other spouse to pay:

• Expenses of the court proceedings, and
• Monthly interim maintenance during the case

The amount is determined based on the income, status, and financial obligations of both parties.

Other Relevant Legal Provisions for Litigation Expenses

Section 36 of the Special Marriage Act, 1954

Similar to Section 24 HMA, this section provides interim alimony to the wife during ongoing matrimonial proceedings under the Special Marriage Act. However, only the wife can claim it—not the husband.

Section 144 of the Bhartiya Nagrik Suraksha Sanhita, 2023

This provision allows interim maintenance to wives, children, and parents. Though broader in scope, it also covers litigation support, especially when there is financial neglect.

When Can an Application Under Section 24 Be Filed?

An application for interim maintenance and litigation expenses under Section 24 can be filed at any stage during the matrimonial case. If the wife is a respondent, she can seek expenses even before filing her written statement.

Applicable Matrimonial Proceedings

The provisions for litigation expenses apply in various matrimonial cases under the HMA:

• Section 9 – Restitution of Conjugal Rights
• Section 10 – Judicial Separation
• Section 11 – Declaration of Nullity (Void Marriages)
• Section 12 – Voidable Marriages
• Section 13 – Divorce proceedings

Either spouse—husband or wife—can claim relief, provided they lack sufficient income.

Judicial Discretion and Case Law

The court exercises discretion while granting interim maintenance and litigation expenses. The order is not automatic and depends on facts like:

• Standard of living
• Earnings and liabilities
• Genuine need of the applicant

Rajendran v. Gajalakshmi (Madras High Court)

The court held that interim maintenance under Section 24 must be reasonable and just, keeping in mind the actual financial need and capacity to pay.

Mukan Kuwar v. Ajit Chand

It was ruled that discretion under Section 24 must be exercised based on sound legal principles, not personal bias or arbitrary interpretation.

Supreme Court’s Landmark Observation

In a powerful judgment, the Supreme Court emphasized that educated wives cannot be denied maintenance or litigation expenses merely because they are qualified or were once employed.

“While marrying, you (men) seek educated girls, and once disputes arise, you argue she is not entitled to maintenance because she is educated. If you cannot accommodate an educated wife, you shouldn’t have married one. Or better, don’t marry at all.”

This ruling underlines the principle that qualification does not imply financial independence or disqualify someone from support.

Practical Considerations for Seeking Litigation Expenses

Documents Required:

• Application under Section 24 HMA
• Affidavit of income and expenses
• Evidence of financial dependence
• Details of the other party’s income or lifestyle (if available)

Tips for Filing:

• Provide a clear breakdown of litigation costs (advocate fees, travel, etc.)
• Highlight inability to afford representation
• File early to avoid delay in relief

Conclusion

Section 24 of the Hindu Marriage Act helps in safeguarding the spouse who is economically weak, mainly women and enabling them to contest cases with majesty and legal support. This provision ensures that litigation does not become one-sided due to economic disparity.

Courts are mindful of misuse but remain sensitive to genuine hardship. If you are struggling to afford legal representation during a matrimonial case, interim maintenance and litigation expenses can be a lawful and justified remedy.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can a husband also claim litigation expenses under Section 24 HMA?

Yes, the law is gender-neutral. If the husband lacks sufficient income, he can apply for interim relief.

2. Is the amount fixed or can it vary during the case?

The court may revise the amount depending on the change in financial conditions or case complexity.

3. Can the wife apply before submitting a written statement?

Yes, the wife can seek litigation expenses even before filing her written reply if she is the respondent.

4. What if the husband refuses to pay even after a court order?

Non-compliance can result in contempt proceedings or coercive recovery actions by the court.