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The purpose of Section 24 is to ensure the spouse's livelihood during the pendency of the case, and courts have noted that delays or defaults in payment undermine this purpose and can result in penalties or order modifications ["Ritu Bharga VS Sharad Bhargava - Delhi"] ["Chetram Mali VS Karishma Saini - Delhi"].
Analysis and Conclusion:
References:- ["ANKUSH KUMAR vs SHIKHA CHOUDHARY - Himachal Pradesh"]- ["VIKAAS AHLUWALIA VS SIMRAN AHLUWALIA - Delhi"]- ["SURANJAN SAHA Vs RUMPA SAHA - Delhi"]- ["JIWAN LAL vs KULDEEP - 2019 Supreme(Online)(HP) 4008"]- ["SIMARJIT SINGH vs SATVIR KAUR - Punjab and Haryana"]- ["Mamta Bharadwaj VS Madhusudan Bharadwaj - Madhya Pradesh"]- ["Ritu Bharga VS Sharad Bhargava - Delhi"]- ["Chetram Mali VS Karishma Saini - Delhi"]- ["SANT RAM vs NATIONAL THURMAL POWER CORPORATION (NTPC) - 2019 Supreme(Online)(HP) 524"]
In family law disputes under the Hindu Marriage Act, 1955 (HMA), financial support during litigation is crucial. But what happens if the party ordered to pay pendente lite maintenance under Section 24 fails to comply? Specifically, what is the effect of non-payment of pendente lite under Section 24 HMA by plaintiff? This question arises frequently in divorce and matrimonial proceedings, where non-compliance can lead to severe repercussions. This post breaks down the legal principles, consequences, and judicial insights to help you understand the risks.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Section 24 HMA empowers courts to grant maintenance pendente lite (pending the suit) and litigation expenses to a spouse with no independent income sufficient for support. The provision aims to ensure the financially weaker party can sustain themselves and participate effectively in proceedings without hardship. Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658
Courts consider factors like the parties' financial status, earnings, and earning capacity. For instance, the spouse claiming maintenance should, as far as possible, be kept in the same status enjoyed during matrimonial life. Vikaas Ahluwalia VS Simran Ahluwalia Documents such as shareholdings, directorships, and lifestyle evidence play a key role in determining quantum, as seen in cases where husbands' true incomes were scrutinized despite claims of modest salaries. Vikaas Ahluwalia VS Simran Ahluwalia
Non-payment of pendente lite maintenance, especially if deliberate or contumacious, invites serious judicial intervention. Courts view such default as undermining Section 24's purpose and may exercise inherent powers under Section 151 CPC to enforce compliance or penalize the defaulter. Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658
Indian courts, including the Supreme Court and High Courts, have consistently addressed this issue:
Other cases highlight enforcement mechanisms:- During pendency of HMA petitions, Section 24 applications for Rs. 20,000 p.m. maintenance underscored compliance needs. DHANANJAY KANWAR S/o Sh. Rajneesh Kanwar vs ASTHA THAKUR D/o Sh Vinay Thakur - 2025 Supreme(Online)(HP) 9761- Appeals against Section 24 orders direct payments, with non-compliance risking further adverse orders. CHETRAM MALI Vs KARISHMA SAINI - 2023 Supreme(Del) 11966
Not all non-payments lead to drastic action. Courts adopt a balanced approach:- Genuine Inability: If due to circumstances beyond control, courts provide opportunities for compliance before penalties. BINAYAK CHANDRA VS KAMALA - 1986 0 Supreme(Ori) 66- Non-Contumacious Default: Punitive measures require proof of willfulness; mere delay without intent may not suffice. Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658- Factors like financial affidavits (per Kusum Sharma guidelines) are mandatory for claims, aiding assessment of ability to pay. Priyanka Verma VS Kunal Verma - 2018 Supreme(Del) 1885
For example, when both spouses earn well, maintenance may be denied or limited, recognizing Section 24 isn't for income equalization. K. N. VS R. G. - 2019 Supreme(Del) 1375
Maintenance under Section 24 HMA supplements awards under the DV Act or Section 125 CrPC. Pendente lite grants are additional, not substitutive. R. D. VS B. D. - 2019 Supreme(Del) 2552 Courts adjust overlaps but enforce strictly. In custody and expense applications under Section 26 HMA, compliance remains key. R. D. VS B. D. - 2019 Supreme(Del) 2552
To avoid pitfalls:- Prompt Payment: Comply immediately upon order to prevent escalation.- Seek Modifications: If unable to pay, file for variation with evidence of changed circumstances.- Document Everything: Maintain records of payments and communications.- File Proper Affidavits: Include income details as required to support or contest claims. Priyanka Verma VS Kunal Verma - 2018 Supreme(Del) 1885
Family Courts must distinguish willful default from genuine hardship, using inherent powers judiciously. Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658
Non-payment of pendente lite maintenance under Section 24 HMA by the plaintiff (or respondent) can result in adverse consequences like defense striking, suit dismissal, or penalties, particularly if deliberate. While courts exercise restraint for valid reasons, willful default undermines justice and invites sanctions. Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658Rani VS Parkash Singh - 1996 0 Supreme(P&H) 79
Key Takeaways:- Section 24 ensures litigation equity; non-compliance risks proceedings.- Inherent powers under Section 151 CPC enable strong remedies.- Always consider financial proofs and precedents like those striking defenses for arrears. RAMAN WALIA vs VIJAY WALIA- Prioritize compliance or seek legal relief promptly.
Stay informed on family law updates to protect your rights. For personalized guidance, consult a family law expert.
References:- Rani VS Parkash Singh - 1996 0 Supreme(P&H) 79: Striking defense for non-payment.- Nirmal Kaur VS Kirpal Singh - 2017 0 Supreme(P&H) 1658: Inherent powers and dismissal.- BINAYAK CHANDRA VS KAMALA - 1986 0 Supreme(Ori) 66: Enforcement and circumstances.- Additional cases: Vikaas Ahluwalia VS Simran Ahluwalia, RAMAN WALIA vs VIJAY WALIA, UDAIVIR vs SUMAN.
#Section24HMA, #PendenteLiteMaintenance, #FamilyLawIndia
HMA No.946 of 2022 and after dismissal of the main petition, respondent was not entitled for any maintenance in an application preferred by her for grant of pendente lite maintenance under Section 24 of H.M. Act. 5. ... Ankush Kumar, preferred by wife under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘H.M. ... Act’), for grant of pendente lite maintenance during pendency of the main petition preferred by husband-Ankush Kumar for dissolution ....
24, HMA. ... Shailendra Kumar Gagele, AIR 1992 MP 72, it was held that though there was no specific provision in Section 24 of the HMA relating to the issuance of such direction in fixing the point of time from which date maintenance pendente lite be made operative i.e. either from the date ... Thereafter, she filed a petition for restitution of conjugal rights under Section 9 of the HMA on 01.09.2008 against the Appellant, being HMA#HL_END....
Hindu Marriage Act 1955 — Section 24 and 26 — Maintenance pendente lite — Family Court granted maintenance at Rs. 25000 p.m. as interim ... Moreover, the Court recognizes that it must also consider the amount required by the non-applicant to defray the cost of litigation, and the amount awarded under Section 125 of the Code of Criminal Procedure, 1973, if any, which is adjustable against the amount awarded under Section 24, HMA. ... Shailendra Kumar Gagele, AIR 1992 M....
Procedure, 1973, if any, which is adjustable against the amount awarded under Section 24, HMA. ... and treatment etc. of the applicant, and the payment capacity of non-applicant. ... Thereafter, she filed a petition for restitution of conjugal rights under Section 9 of the HMA on 01.09.2008 against the Appellant, being HMA 247/08 in the Karkardooma Court. ... With respect to the present proceedings, the husband submits that in the applicati....
Along with it application of even date under Section 24 of the HMA was also filed. ... payment of the arrears of maintenance Jalandhar whereby his defence has been struck off in the divorce petition of the Hindu Marriage Act, 1955(for short 'HMA') at Jalandhar on the basis span style
During the pendency of the aforesaid proceedings, respondent-wife filed an application under Section Marriage Act, 1955 (hereinafter referred to as the 'HMA') was dismissed on account of non-payment of maintenance to the respondent and the order dated 15.11.2016 of the District Judge, Family Court, Gurgaon, vide 24 of the HMA seeking maintenance pendente lite and litigation expenses, which was allowed on 22.04.2015 awarding her maintenance @ `25,000/- per m....
Maintenance pendente lite, as provided under Section 24 of the HMA, is a statutory right intended to provide immediate financial support during the pendency of litigation between the parties. ... It must be borne in mind that proceedings under Section 24 of the HMA are summary in nature, intended to provide immediate financial relief to the spouse during the pendency of litigation. The Court is required to take a prima facie view of the matter. ... The rigid insisten....
During pendency of petition bearing HMA No.140 of 2016 filed for dissolution of marriage, respondent had preferred a petition under Section 24 of HM Act bearing HMA No.42 of 2017 on 07.02.2017 for grant of maintenance pendente lite at the rate of Rs.20,000/- per month and expenses of proceeding at the ... During pendency of aforesaid petition bearing HMA No.115 of 2018, respondent-Astha Tohakur preferred a petition under Section 24 of HM Act on 21.12....
Present appeal has been preferred challenging the impugned order under Section 24 of Hindu Marriage Act, 1955 (‘HMA’ for short) dated April 24, 2022 passed by learned Judge, Family Court (South), Saket, New Delhi in HMA 318/2022, whereby the appellant was directed to pay the respondent a sum of ... Appellant also preferred the divorce petition against respondent before the Family Court wherein the impugned order has been passed under Section 24 of HMA#HL_EN....
HMA - Maintenance Pendente Lite - Section 24 of Hindu Marriage Act, 1955 - PWVD Act - Section 12 of Protection ... Issues: The main issue was the determination of maintenance pendente lite under Section 24 of HMA, considering ... It considered the gender-neutral provisions of Section 24 & 25 of HMA, which address the rights, liabilities, and obligations arising ... . - Present appeal has been preferred challenging the impugned order under Section 24....
We are also of the view that the expression "interlocutory order" appearing in sub-section (1) of Section 19 of the Act, 1984 qualify the word "order" only and does not qualify the word "judgment" appearing before the word "order". In other words, if order of pendente lite maintenance is a "judgment" for all legal and practical purposes, it matters, little whether the same is interlocutory or final.” 18. Last, reliance has been placed on the learned single judge decision of this Court in Civil Revision No. 109 of 2019 (Sudhanshu Gupta Vs. Komal Gupta) decided on 25.07.2019. Learned single-ju....
The Apex Court while reducing the quantum of maintenance under Section 24 of the HMA Act held that the maintenance pendente lite granted under HMA would be in addition to the amount paid under the proceedings of DV Act. In the case of Manish Jain vs. Akanksha Jain, (2017) 2 DMC 106 (SC), the order passed by this Court whereby interim maintenance of Rs. 60, 000/- per month was granted to the respondent- wife under Section 24 of HMA in addition to Rs. 10, 000/- per month which the appellant-husband was already paying by way of interim maintenance to the respondent-wife in the....
The appellant/wife had filed an application under Section 24 of HMA claiming maintenance pendente-lite @ Rs. 2,50,000/- per month along with litigation expenses of Rs.1,50,000/-. Petition seeking a decree of nullity of marriage under Section 12(1)(a) & (c) of HMA was filed by respondent/husband on 24.11.2012, which is pending.
Respondent has also moved an application under section 24 of HMA and an application under section 26 of HMA. Respondent’s right to claim maintenance shall commence from the date complete application in compliance of Kusum Sharma’s judgement is filed along with required documents and copy is given to the opposite side. However, the application under Section 24 of HMA is not accompanied with income and assets affidavit as provided for in Kusum Sharma’s judgment.
The Plaintiff is also entitled to pendente lite and future interest @ 9% till date of payment. Thus, the Plaintiff is awarded damages as compensation of Rs.3 Lakhs for wrongful termination, which would include compensation for mental agony and premature termination from his job.
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