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<\/a><\/figure><\/div>\n\n\n\n<\/div>\n\n\n\nWhat is Section 24 of the Hindu Marriage Act (HMA), 1955)?<\/h3>\n\n\n\n
Section 24 deals with \u201cmaintenance pendente lite\u201d\u2014meaning maintenance during the pendency of litigation.<\/p>\n\n\n\n
Key Provisions: <\/strong>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:<\/p>\n\n\n\n\n- Expenses of the court proceedings<\/strong>, and<\/li>\n\n\n\n
- Monthly interim maintenance<\/strong> during the case<\/li>\n<\/ul>\n\n\n\n
The amount is determined based on the income, status, and financial obligations of both parties<\/strong>.<\/p>\n\n\n\nOther Relevant Legal Provisions for Litigation Expenses<\/h3>\n\n\n\nSection 36 of the Special Marriage Act, 1954<\/h4>\n\n\n\n
Similar to Section 24 HMA, this section provides interim alimony<\/a><\/strong> to the wife during ongoing matrimonial proceedings under the Special Marriage Act<\/a><\/strong>. However, only the wife can claim it\u2014not the husband.<\/p>\n\n\n\nSection 144 of the Bhartiya Nagrik Suraksha Sanhita, 2023<\/h4>\n\n\n\n
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.<\/p>\n\n\n\n
When Can an Application Under Section 24 Be Filed?<\/h3>\n\n\n\n
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.<\/p>\n\n\n\n
Applicable Matrimonial Proceedings<\/h3>\n\n\n\n
The provisions for litigation expenses apply in various matrimonial cases under the HMA:<\/p>\n\n\n\n
\n- Section 9<\/strong> \u2013 Restitution of Conjugal Rights<\/li>\n\n\n\n
- Section 10<\/strong> \u2013 Judicial Separation<\/li>\n\n\n\n
- Section 11<\/strong> \u2013 Declaration of Nullity (Void Marriages)<\/li>\n\n\n\n
- Section 12<\/strong> \u2013 Voidable Marriages<\/a><\/strong><\/li>\n\n\n\n
- Section 13<\/strong> \u2013 Divorce proceedings<\/li>\n<\/ul>\n\n\n\n
Either spouse\u2014husband or wife\u2014can claim relief<\/strong>, provided they lack sufficient income.<\/p>\n\n\n\nJudicial Discretion and Case Law<\/h3>\n\n\n\n
The court exercises discretion while granting interim maintenance and litigation expenses. The order is not automatic and depends on facts like:<\/p>\n\n\n\n
\n- Standard of living<\/li>\n\n\n\n
- Earnings and liabilities<\/li>\n\n\n\n
- Genuine need of the applicant<\/li>\n<\/ul>\n\n\n\n
Rajendran v. Gajalakshmi (Madras High Court)<\/h4>\n\n\n\n
The court held that interim maintenance under Section 24<\/strong> must be reasonable and just, keeping in mind the actual financial need and capacity to pay.<\/p>\n\n\n\nMukan Kuwar v. Ajit Chand<\/h4>\n\n\n\n
It was ruled that discretion under Section 24 must be exercised based on sound legal principles, not personal bias or arbitrary interpretation.<\/p>\n\n\n\n
Supreme Court\u2019s Landmark Observation<\/h3>\n\n\n\n
In a powerful judgment, the Supreme Court emphasized<\/strong> that educated wives cannot be denied maintenance or litigation expenses merely because they are qualified or were once employed.<\/p>\n\n\n\n\u201cWhile 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\u2019t have married one. Or better, don\u2019t marry at all.\u201d<\/p>\n\n\n\n
This ruling underlines the principle that qualification does not imply financial independence or disqualify someone from support.<\/p>\n\n\n\n
Practical Considerations for Seeking Litigation Expenses<\/h3>\n\n\n\nDocuments Required:<\/h4>\n\n\n\n\n- Application under Section 24 HMA<\/li>\n\n\n\n
- Affidavit of income and expenses<\/li>\n\n\n\n
- Evidence of financial dependence<\/li>\n\n\n\n
- Details of the other party\u2019s income or lifestyle (if available)<\/li>\n<\/ul>\n\n\n\n
Tips for Filing:<\/h4>\n\n\n\n\n- Provide a clear breakdown of litigation costs (advocate fees, travel, etc.)<\/li>\n\n\n\n
- Highlight inability to afford representation<\/li>\n\n\n\n
- File early to avoid delay in relief<\/li>\n<\/ul>\n\n\n\n
Conclusion<\/h3>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
One can talk to lawyers<\/strong><\/a> from Lead India for any kind of legal support. In India, free legal advice<\/strong> <\/a>online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions<\/strong><\/a> to the experts online free through Lead India.<\/p>\n\n\n\nFAQs<\/h3>\n\n\n\n1. Can a husband also claim litigation expenses under Section 24 HMA?<\/h4>\n\n\n\n
Yes, the law is gender-neutral. If the husband lacks sufficient income, he can apply for interim relief.<\/p>\n\n\n\n
2. Is the amount fixed or can it vary during the case?<\/h4>\n\n\n\n
The court may revise the amount depending on the change in financial conditions or case complexity.<\/p>\n\n\n\n
3. Can the wife apply before submitting a written statement?<\/h4>\n\n\n\n
Yes, the wife can seek litigation expenses even before filing her written reply if she is the respondent.<\/p>\n\n\n\n
4. What if the husband refuses to pay even after a court order?<\/h4>\n\n\n\n
Non-compliance can result in contempt proceedings or coercive recovery actions by the court.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 …<\/p>\n
![\"\"](\"https:\/\/www.leadindia.law\/blog\/en\/wp-content\/uploads\/2022\/09\/talk-to-lawyer-black-logo.png\"){kind=logo}
<\/a><\/figure><\/div>\n\n\n\nWhat is Section 24 of the Hindu Marriage Act (HMA), 1955)?<\/h3>\n\n\n\n
Section 24 deals with \u201cmaintenance pendente lite\u201d\u2014meaning maintenance during the pendency of litigation.<\/p>\n\n\n\n
Key Provisions: <\/strong>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:<\/p>\n\n\n\n The amount is determined based on the income, status, and financial obligations of both parties<\/strong>.<\/p>\n\n\n\n Similar to Section 24 HMA, this section provides interim alimony<\/a><\/strong> to the wife during ongoing matrimonial proceedings under the Special Marriage Act<\/a><\/strong>. However, only the wife can claim it\u2014not the husband.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n The provisions for litigation expenses apply in various matrimonial cases under the HMA:<\/p>\n\n\n\n Either spouse\u2014husband or wife\u2014can claim relief<\/strong>, provided they lack sufficient income.<\/p>\n\n\n\n The court exercises discretion while granting interim maintenance and litigation expenses. The order is not automatic and depends on facts like:<\/p>\n\n\n\n The court held that interim maintenance under Section 24<\/strong> must be reasonable and just, keeping in mind the actual financial need and capacity to pay.<\/p>\n\n\n\n It was ruled that discretion under Section 24 must be exercised based on sound legal principles, not personal bias or arbitrary interpretation.<\/p>\n\n\n\n In a powerful judgment, the Supreme Court emphasized<\/strong> that educated wives cannot be denied maintenance or litigation expenses merely because they are qualified or were once employed.<\/p>\n\n\n\n \u201cWhile 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\u2019t have married one. Or better, don\u2019t marry at all.\u201d<\/p>\n\n\n\n This ruling underlines the principle that qualification does not imply financial independence or disqualify someone from support.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n One can talk to lawyers<\/strong><\/a> from Lead India for any kind of legal support. In India, free legal advice<\/strong> <\/a>online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions<\/strong><\/a> to the experts online free through Lead India.<\/p>\n\n\n\n Yes, the law is gender-neutral. If the husband lacks sufficient income, he can apply for interim relief.<\/p>\n\n\n\n The court may revise the amount depending on the change in financial conditions or case complexity.<\/p>\n\n\n\n Yes, the wife can seek litigation expenses even before filing her written reply if she is the respondent.<\/p>\n\n\n\n Non-compliance can result in contempt proceedings or coercive recovery actions by the court.<\/p>\n","protected":false},"excerpt":{"rendered":" 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 …<\/p>\n\n
Other Relevant Legal Provisions for Litigation Expenses<\/h3>\n\n\n\n
Section 36 of the Special Marriage Act, 1954<\/h4>\n\n\n\n
Section 144 of the Bhartiya Nagrik Suraksha Sanhita, 2023<\/h4>\n\n\n\n
When Can an Application Under Section 24 Be Filed?<\/h3>\n\n\n\n
Applicable Matrimonial Proceedings<\/h3>\n\n\n\n
\n
Judicial Discretion and Case Law<\/h3>\n\n\n\n
\n
Rajendran v. Gajalakshmi (Madras High Court)<\/h4>\n\n\n\n
Mukan Kuwar v. Ajit Chand<\/h4>\n\n\n\n
Supreme Court\u2019s Landmark Observation<\/h3>\n\n\n\n
Practical Considerations for Seeking Litigation Expenses<\/h3>\n\n\n\n
Documents Required:<\/h4>\n\n\n\n
\n
Tips for Filing:<\/h4>\n\n\n\n
\n
Conclusion<\/h3>\n\n\n\n
FAQs<\/h3>\n\n\n\n
1. Can a husband also claim litigation expenses under Section 24 HMA?<\/h4>\n\n\n\n
2. Is the amount fixed or can it vary during the case?<\/h4>\n\n\n\n
3. Can the wife apply before submitting a written statement?<\/h4>\n\n\n\n
4. What if the husband refuses to pay even after a court order?<\/h4>\n\n\n\n