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Understanding Section 24 of the Hindu Marriage Act: A Comprehensive Guide
Matrimonial disputes can be emotionally and financially draining, especially when one spouse lacks sufficient resources to sustain themselves during ongoing legal proceedings. This is where Section 24 of the Hindu Marriage Act, 1955 (HMA) steps in, providing for maintenance pendente lite and litigation expenses. Often searched as Section 24 of Hindu Marriage Act, this provision ensures fairness by offering interim financial support to a spouse with no independent income to prosecute or defend a case under the Act.
In this blog post, we'll break down the essentials of Section 24 HMA, drawing from key judicial interpretations and guidelines. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation, as outcomes vary by facts.
What is Section 24 of the Hindu Marriage Act?
Section 24 HMA empowers courts to order maintenance pendente lite (temporary support during litigation) and cover litigation costs for a spouse who:
- Has no independent income sufficient for support.
- Needs funds to pursue or contest proceedings like divorce, judicial separation, or restitution of conjugal rights.
The provision applies to both husbands and wives, though applications are more common from wives. Courts must decide applications within 60 days of notice to the respondent, as per the proviso to Section 24. Kusum Sharma VS Mahinder Kumar Sharma - 2015 Supreme(Del) 67
Key text from precedents: The court held that the wife was entitled to maintenance and litigation expenses during the pendency of the appeal, as she had no independent source of income and the husband was earning a reasonable amount. Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239
Eligibility Criteria
To qualify:
- Lack of sufficient income: Ownership of assets like land doesn't count if they yield no return. The expression 'income' in Section 24 of the Hindu Marriage Act includes only the return accruing from capital assets like lands and hereditaments and not the capital assets themselves. GITA CHATTERJEE VS PROBHAT KUMAR CHATTERJEE - 1987 Supreme(Cal) 142 GITA VS PROBHAT KUMAR - 1987 Supreme(Cal) 139
- Pending matrimonial proceedings: Applies during appeals too, e.g., against judicial separation decrees. Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239
- Prima facie case: Courts assess need based on affidavits of income, assets, and expenses.
Factors Courts Consider Under Section 24 HMA
Courts must have regard to the income of both parties. Under Section 24 of the Hindu Marriage Act, the court must have regard to the income of the parties before making an order for maintenance pendente lite. ASHIT VS SUSMITA - 1986 Supreme(Cal) 205
Key Factors:
- Parties' incomes: Actual earnings, not potential. Courts can't assume a spouse can earn by industry without evidence. ASHIT VS SUSMITA - 1986 Supreme(Cal) 205
- Standard of living: Pre-litigation lifestyle influences quantum.
- Assets and liabilities: Detailed disclosure required via affidavits.
- Conduct: Not a primary factor for interim relief.
- Number of dependents: Children or other obligations.
In one case, a wife's plots in Calcutta yielded no income, so she wasn't barred from maintenance despite ownership. GITA CHATTERJEE VS PROBHAT KUMAR CHATTERJEE - 1987 Supreme(Cal) 142
Recent Guidelines for Section 24 Applications
Supreme Court guidelines emphasize transparency to prevent false claims:
Affidavit Requirements (Modified in 2018) Kusum Sharma VS Mahinder Kumar Sharma - 2015 Supreme(Del) 67 Kusum Sharma VS Mahinder Kumar Sharma - 2017 Supreme(Del) 4875
- Simultaneous filing: After pleadings complete, both parties file affidavits of assets, income, expenditure within specified timelines (e.g., 6 weeks for fresh affidavits, 4 weeks response).
- Prescribed format: Includes salary slips, ITRs, bank statements.
- Court's power: Under Evidence Act Sections 106 & 165, courts can probe for true income. The true income of the parties is essential in determining the appropriate maintenance amount. Kusum Sharma VS Mahinder Kumar Sharma - 2015 Supreme(Del) 67
Proviso mandates disposal within 60 days, promoting speedy justice. These apply from January 1, 2018, for uniformity in matrimonial laws. Kusum Sharma VS Mahinder Kumar Sharma - 2017 Supreme(Del) 4875
Quantum of Maintenance
- Typically 1/3rd to 1/5th of husband's net income, adjusted for facts.
- Example: Rs. 1,100/month maintenance + Rs. 2,000 litigation costs where wife had no income. Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239
- Interest on delayed payments possible if disputed claims clarified.
Landmark Cases on Section 24 HMA
Income Interpretation Cases
- Lands as Non-Income: Wife's valuable plots didn't qualify as income since unproductive. Court awarded Rs. 350/month maintenance + Rs. 500 costs. The Legislature deliberately used the word 'income' only and required the Court to have regard only to the income of the parties. GITA VS PROBHAT KUMAR - 1987 Supreme(Cal) 139
Jurisdiction and Procedure
- Trial court erred by ignoring incomes/documents and ordering maintenance arbitrarily. Remanded for rehearing. Affidavit defects under CPC Order 19 noted. ASHIT VS SUSMITA - 1986 Supreme(Cal) 205
Appeals and Ongoing Support
- Wife entitled during appeal pendency; CrPC S.125 agreement doesn't limit HMA S.24. Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239
These rulings underscore Section 24's protective intent without prejudice to final alimony under Section 25 HMA, which considers broader income and property.
Common Misconceptions
- Assets = Income? No. Only yielding returns count. GITA CHATTERJEE VS PROBHAT KUMAR CHATTERJEE - 1987 Supreme(Cal) 142
- Husband's Potential Earnings? Courts focus on actual income, not hypotheticals. ASHIT VS SUSMITA - 1986 Supreme(Cal) 205
- Automatic Entitlement? No; proof of need required via affidavits.
- Overlaps with CrPC S.125? HMA S.24 can grant higher amounts; independent. Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239
Practical Tips for Applicants
- File early: With petition under HMA Sections 9-13.
- Prepare affidavits: Disclose fully to avoid rejection.
- Gather evidence: Payslips, tax returns for credibility.
- Seek interim orders: Courts prioritize to prevent hardship.
- Appeal if needed: Provision extends to appeals.
Key Takeaways
- Section 24 HMA bridges financial gaps in matrimonial suits, focusing on income sufficiency.
- Affidavit guidelines ensure fairness and speed.
- Judicial precedents clarify income excludes dormant assets GITA CHATTERJEE VS PROBHAT KUMAR CHATTERJEE - 1987 Supreme(Cal) 142 and mandate income scrutiny ASHIT VS SUSMITA - 1986 Supreme(Cal) 205.
- Always promotes complete justice through truth disclosure. Kusum Sharma VS Mahinder Kumar Sharma - 2015 Supreme(Del) 67
In most cases, this provision empowers vulnerable spouses, but success hinges on facts and evidence. For personalized guidance, approach a family law expert.
Disclaimer: Legal outcomes depend on individual circumstances. This post synthesizes public judgments (e.g., Shakshi VS Vijay Kant - 1998 Supreme(P&H) 239, Kusum Sharma VS Mahinder Kumar Sharma - 2015 Supreme(Del) 67) for education; not advice. Laws evolve—verify current status.
Search Results for "Section 24 Hindu Marriage Act: Maintenance Guide"
2003 3 Supreme 449 • India - Supreme Court
M.B.SHAH, ARUN KUMAR
The aforesaid interpretation of the clause (v) would be in conformity with the settled principle of law that the procedural law cannot ... Hence, the award which is passed in contravention of Sections 24, 28 or 31 could be set aside. ... challenge such arbitral award under Section 34. ... However, clause (v) of sub-section 2(a) and clause (ii) of sub-section 2(b) require consideration. ... At this stage, we would r....
2014 8 Supreme 225 • India - Supreme Court
RANJAN GOGOI, ROHINTON FALI NARIMAN
Act, 1996 – Section 34 – Clause 22 of contract – Delay in execution of project – DDA not raising any ... (a) Arbitration and Conciliation Act, 1996 – Section 34(2)(a) – Grounds for challenge ... (b) Arbitration and Conciliation Act, 1996 – Section ... Neither any authority is cited nor any legal basis is suggested for importing the doctrine of Hindu Law into the domain of contracts ... 75 or Section 81. ... to the Hindu La....
2006 5 Supreme 662 • India - Supreme Court
B.P.SINGH, S.B.SINHA
Arbitration and Conciliation Act, 1996, Sections 34, a ... issue based on interpretation of documents executed by the parties fell for consideration having regard to the provisions of the Carriage ... Sub-section (6) of Section 31 contemplates an interim award. ... The Section did not contain expression "error of law....". The same was added by judicial interpretation.
1975 0 Supreme(SC) 79 • India - Supreme Court
A.ALAGIRISWAMI, A.C.GUPTA, A.N.RAY, K.K.MATHEW, Y.V.CHANDRACHUD
Oil and Natural Gas Commission Act, 1959 - Section 12 and ... relating to Commission - Central Government may, if it thinks fit, appoint one of members as Vice-Chairman of Commission - Under Section ... 12 of Constitution and regulations framed by them have no force of law - Employees of these statutory bodies have no statutory status ... Section 24 of the 1959 Act speaks of compulsory acquisition of land by the Commission. ... ... Further on they remarked: ... "But the carriage of p....
2010 6 Supreme 312 • India - Supreme Court
DALVEER BHANDARI, K.S.RADHAKRISHNAN
(d) Indian Penal Code, 1860 – Section ... The complaint in this case under section 498-A IPC has led to several other cases. ... 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. ... This court in a number of cases has laid down the scope and ambit of courts’ powers under section 482 Cr.P.C.
1998 0 Supreme(P&H) 239 • India - Punjab and Haryana
SWATANTER KUMAR
MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 24 - MAINTENANCE PENDENTE LITE - WIFE ENTITLED TO MAINTENANCE AND LITIGATION ... P.C. could not encroach upon the jurisdiction of the Court to grant higher maintenance under Section 24 of the Hindu Marriage Act ... Fact of the Case: Wife filed an application under Section 24 of the Hindu Marriage Act, claiming maintenance and litigation ... 24 of the Hindu carriage Act. ... The pres....
1997 1 Supreme 358 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY
-(No)-Section 19(1) of the Act is not ultra vires of Article 19(1)(f) or Article 31(2) of the Constitution. ... Consequently, Section 19(1) of the Act is not ultra vires of Article 19(1)(f) or Article 31(2) of the Constitution. ... The degree of control required in clause (2A) of Article 31 is, therefore, missing in the Act. ... All Hindus, in millions, of India from nook and corner and those settled abroad, go by foot or ....
1997 0 Supreme(Kar) 271 • India - Karnataka
V.P.MOHAN KUMAR
CHILD LABOUR - FACTORIES ACT, 1948 - SECTION 67 - PLANTATION LABOUR ACT, 1951 - SECTION 24 - MERCHANT SHIPPING ACT, 1951 - SECTION ... 1988 - CLAUSE 7.01 - CLAUSE 8.02 - MUNICIPALITIES ACT - SECTION 256 - PANCHAYAT ACT - CHILD LABOUR - HAZARDOUS INDUSTRY - MINIMUM ... AND COMMERCIAL ESTABLISHMENTS ACTS - ARTICLE 24 OF THE CONSTITUTION - ARTICLE 39 (F) OF THE CONSTITUTION - ARTICLE#HL_END....
2015 0 Supreme(Del) 67 • India - Delhi
J.R.MIDHA
These include: * Section 24 of the Hindu Marriage Act, 1955, which empowers the Court to award maintenance pendente lite and litigation ... 24 of the Hindu Marriage Act, 1955. ... Fact of the Case: In this case, the Court was dealing with several appeals related to maintenance claims under Section ... The Proviso to Section 24 provides that application under Section 24 shall be disposed of within 60 days of the date of service of ... of the provis....
2023 0 Supreme(Ker) 302 • India - Kerala
ANIL K. NARENDRAN, P. G. AJITHKUMAR
Travancore-Cochin Hindu Religious Institutions Act, 1950 - Section 24, 25, 31 - Kerala Police Act, 2011 ... - Section 83(1)(2) – Indian Penal Code, 1860 – Section 171 - Maintenance of Devaswoms - Management of Devaswoms - Wearing grab or ... action against vehicles exhibiting ‘unauthorised’ name boards, beacon lights and flash lights, by initiating prosecution under Section ... Under clause (c) of sub-section (2) of Section 6, the C....
2023 0 Supreme(All) 819 • India - Allahabad
ARVIND KUMAR MISHRA I
Civil Procedure Code 1908 - Section 24, 24 (1)(b) - Order 7 Rule 11 - Constitution of India, 1950 - Articles ... 24(1)(b) CPC while prayer made for original suit being withdrawn and transferred to this Court made by applicant is allowed - Court ... justification for withdrawal of all suits touching upon the issue involved in the suit from civil court concerned to this Court under Section ... Section 24 C.P.C. is extracted hereinbelow:- 24. ... the administrative side....
2025 0 Supreme(Ker) 2410 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S.
In view of the provisions under Section 24 of the Act, the Board is duty-bound to administer the said temple in accordance with recognised usages. ... As per Section 24 of the Act, which deals with the maintenance of Devaswoms, etc., out of the Devaswom Fund, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples ... In view of the provisions contained in Se....
1998 0 Supreme(P&H) 239 • India - Punjab and Haryana
SWATANTER KUMAR
MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 24 - MAINTENANCE PENDENTE LITE - WIFE ENTITLED TO MAINTENANCE AND LITIGATION ... P.C. could not encroach upon the jurisdiction of the Court to grant higher maintenance under Section 24 of the Hindu Marriage Act ... Fact of the Case: Wife filed an application under Section 24 of the Hindu Marriage Act, claiming maintenance and litigation ... The maximum maintenance which can be granted under Section 125 of the Cr. P.C.....
2023 Supreme(Online)(KAR) 3795 • India - Karnataka High Court - Bench at Dharwad
This civil petition is filed by the petitioner-wife under Section 24 of the Code of Civil Procedure seeking to transfer M.C.No.129/2022 on the file of the Principal Judge p style="text-align: center ... That the petitioner is an employee of the Railway Department and she is working at carriage Repair Brief facts of the case are that, the marriage of the petitioner and the respondent was solemnized on 02.05.2015 at Bagalkot in accordance with the customs and rituals of Hindu ... Even for the purpose of jurisdict....
1987 0 Supreme(Cal) 142 • India - Calcutta
A.M.BHATTACHARJEE, AJIT KUMAR NAYAK
HINDU MARRIAGE ACT, 1955 - SECTION 24 - MAINTENANCE PENDENTE LITE - 'INCOME' - INTERPRETATION - CAPITAL ASSETS LIKE LANDS AND ... Fact of the Case: Wife filed an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite ... Finding of the Court: The court held that the expression 'income' in Section 24 of the Hindu Marriage Act includes ... ... ( 6 ) AS is obvious from the scheme of the Hindu Marriage Act, the Legislature in enacting Section#HL....
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