The denial of interim maintenance under Section 24 of the Hindu Marriage Act cannot be based solely on the short duration of the marriage; the court must exercise judicial discretion considering the financial needs of the indigent spouse and the income of the other spouse.

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.09.2025 PASSED BY THE COURT OF VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU, ON I.A. NO.2/2023 IN M.C. NO.2153/2024, WHICH IS MARKED AS ANNEXURE-E AND ALLOW I.A. NO.2/2023 FILED U/S 24 OF HINDU MARRIAGE ACT, 1955, WHICH IS PRODUCED AT ANNEXURE-C AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL ORDER

Being aggrieved by the order passed by the Court of VI Additional Principal Judge, Family Court, Bengaluru, in I.A No.2/2023 filed under Section 24 of Hindu Marriage Act in M.C.No.2153/2024 dated 17.09.2025, the petitioner/ wife has filed this petition.

For the sake of convenience, parties to the proceedings will hereinafter be referred to as husband and wife.

Wife filed I.A.No.II under Section 24 of the Hindu Marriage Act, 1955 (for short 'HMA Act') seeking interim maintenance of Rs.50,000/- per month and litigation expenses of Rs.1,00,000/-. The husband filed his objections to the said application. The Family Court after hearing both the parties dismissed the application - I.A No.II on the ground that the husband and wife could able to live only about 6-7 months and hence, wife is not entitled to seek any interim maintenance and litigation expenses and posted the matter for evidence.

Learned counsel for the petitioner submitted that the only reason assigned by the Family Court is that since the parties lived together only for 6 to 7 months, wife is not entitled to seek any interim maintenance and litigation expenses, hence, the impugned order is passed, which is contrary to the facts, materials and law on record. It is further submitted that wife is studying B.Com and she is unemployed. The husband is employed in Dubai as an Accountant in a Company and he is earning Rs.8,00,000/- per month. Therefore, the learned counsel for the petitioner prays for setting aside the impugned order.

Per contra, learned counsel for the husband justifies the impugned order passed by the Family Court and he submits that the wife has falsely contended that she is studying B.Com and not employed. In fact, wife is gainfully employed and she is financially stable. In spite of his repeated request to join matrimonial home in Dubai, the wife refused to do so. Hence, the learned counsel prays to dismiss the petition.

On hearing the submissions of the learned counsel appearing for the parties, it is suffice to refer Section 24 of the Hindu Marriage Act, 1955, which reads as under:

"Section 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.]"

On reading of the above said provision, it is relevant to note that the primary objective of maintenance pendente lite and litigation expenses under Section 24 of the Hindu Marriage Act, 1955, is to provide financial support to the claimant spouse, enabling them to maintain themselves and sustain the legal proceedings.

The objective of Section 24 is to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient