Family

Application for Interim Maintenance and Litigation Expenses under Section 24 of the Hindu Marriage Act

An application under Section 24 of the Hindu Marriage Act, 1955 is a formal request for interim financial support filed by one spouse against the other during the pendency of a matrimonial proceeding. It seeks an order for monthly maintenance (pendente lite) and a lump sum to cover the necessary expenses of the litigation.

This application is filed as an interlocutory application within an existing main petition before a Family Court or District Court. It rests on the statutory right under Section 24, which mandates that a spouse with no independent income sufficient for their support can claim maintenance and legal costs from the other spouse.

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Governing law
Hindu Marriage Act 1955, s.24 (pendente lite maintenance & litigation expenses)
Sections
s. 24s. 23s. 19
Filed before
Family Court (Court of the Ld. Principal Judge, Family Court) / District Court

When this is the right filing

  • When a spouse has no independent income sufficient for their own support during the pendency of a divorce, restitution of conjugal rights, judicial separation, or nullity petition.
  • When a spouse needs funds to cover the necessary expenses of the ongoing matrimonial proceeding, such as advocate fees and court costs.
  • When a working spouse's income is so low that it is insufficient for their support, allowing them to claim a top-up amount from the other spouse.
  • When the applicant requires an urgent ad-hoc interim order for maintenance even before the final hearing of the Section 24 application.
  • Do not use this application for permanent alimony after the decree is passed; that is governed by Section 25 of the Hindu Marriage Act. Do not use it for interim maintenance specifically for children; that is governed by Section 26.

What the court looks for

  • Proof that a main matrimonial petition under the Hindu Marriage Act is pending between the parties.
  • A clear averment and evidence that the applicant has no independent income sufficient for their support and the necessary expenses of the proceeding.
  • Full and honest disclosure of the applicant's own assets, income, and liabilities in the prescribed affidavit format.
  • Details of the respondent's income and means to demonstrate their capacity to pay the maintenance and expenses claimed.
  • A specific prayer stating the exact monthly maintenance amount and the lump sum litigation expenses being sought.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1In the court of ld. principal judge, family court, district, ,
  2. 2Synopsis
  3. 3List of dates & events
  4. 4Grounds
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Affidavit of disclosure of assets, income and liabilities
  8. 8List of documents
How it opens
[synopsis] in the above pending matrimonial proceedings under [parent act section] of the Hindu Marriage Act, 1955; the Applicant has no independent income sufficient for support and for the necessary expenses of the proceeding; and the Respondent, having substantial income and means, is under a statutory obligation under Section 24 of the HMA 1955 to pay interim maintenance and litigation expenses, for which this…

Bracketed items are filled from your case.

Frequently asked questions

Is the affidavit of disclosure of assets mandatory for a Section 24 application?

Yes. Following the Supreme Court's directions, both parties in a maintenance proceeding, including one under Section 24 of the Hindu Marriage Act, must file a detailed affidavit of disclosure of assets, income, and liabilities. Non-compliance can result in the defence being struck off.

Can a working spouse still file an application under Section 24?

Yes. The test under Section 24 is not whether the spouse is employed, but whether their independent income is 'sufficient' for their support and the litigation expenses. A spouse earning a very low income can apply for a top-up amount to meet the shortfall.

What is the difference between maintenance under Section 24 and Section 25 of the Hindu Marriage Act?

Section 24 provides for maintenance and litigation expenses during the pendency of the proceeding (pendente lite). Section 25 provides for permanent alimony and maintenance that is ordered at the time of passing the final decree or any time thereafter.

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