Section 24 of the Hindu Marriage Act allows either spouse — not just the wife — to claim maintenance and the expenses of proceedings from the other while any matrimonial case is pending. The applicant must lack sufficient independent income. There is no fixed formula; the court weighs both incomes, the standard of living, and the needs of any children.
Section 24 of the Hindu Marriage Act, 1955 reads in relevant part:
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 proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceedings 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.
Three things follow directly:
Section 24 is available in any proceeding under the Hindu Marriage Act. That covers:
It operates only while those proceedings are pending. Once the final decree has been passed, Section 24 ceases to apply. Section 25 then governs permanent alimony and financial provision, and may be applied for at the time of the decree or afterwards.
There is no statutory formula and no fixed percentage. The court considers:
The Supreme Court in Rajnesh v. Neha (2020) 4 SCC 306 required both parties in maintenance proceedings to file a detailed affidavit of assets and liabilities at the outset. Courts dealing with Section 24 applications have applied that practice. A carefully prepared affidavit — supported by income tax returns, salary slips, Form 16, and bank statements — does more than anything said at the hearing to establish the factual basis for the court’s order.
Section 24 authorises the court to order payment of the expenses of the proceedings separately from monthly maintenance. This has been understood to include:
A spouse with inadequate independent income cannot effectively participate in the case — file documents, engage an advocate, attend hearings — without financial support. This component of Section 24 addresses that directly.
| Remedy | Statutory provision | When available | Forum |
|---|---|---|---|
| HMA s.24 | Hindu Marriage Act 1955 s.24 | While any HMA proceeding is pending | Family Court |
| HMA s.25 | Hindu Marriage Act 1955 s.25 | At or after the final decree | Family Court |
| BNSS 144 | BNSS s.144 (formerly CrPC s.125) | Any time, independent of divorce | Magistrate |
| PWDVA s.20 | Protection of Women from DV Act 2005 | Along with protection/residence orders | Magistrate |
These remedies can run simultaneously. Rajnesh v. Neha directed that where multiple orders are in place, each court must be informed of what the others have ordered and must adjust the amount it awards to prevent double recovery. The combined total from all sources should reflect one reasonable sum, not several independent awards stacked on each other.
A Section 24 application is made within the matrimonial proceedings and is heard by the Family Court. A Section 144 BNSS application goes before the Magistrate and can be brought independently, whether or not a divorce petition is pending. Clients in the middle of divorce proceedings often have both in place.
Section 28A of the Hindu Marriage Act provides that all orders for maintenance and interim maintenance made under the Act are enforceable as money decrees of a civil court, through the execution mechanism in the Code of Civil Procedure, 1908. In practice:
Where the defaulting party has moved out of the jurisdiction of the Family Court, execution can be transferred to the court having jurisdiction over their place of residence.
| Document | Purpose |
|---|---|
| Copy of the matrimonial petition (with case number) | Identifies the proceeding under which the s.24 application is made |
| Respondent’s income proof: salary slips, ITR, Form 16, bank statements | Central to the court’s inquiry into means |
| Details of the applicant’s own income | Required so the court can assess whether it is sufficient |
| Monthly expenses: rent, school fees, medical, utilities | Establishes need and links to the standard of living |
| Affidavit of assets and liabilities (both parties) | Expected in practice following Rajnesh v. Neha |
| Any other maintenance order from any court | Enables the court to apply the Rajnesh v. Neha adjustment and avoid duplication |
Either spouse — the husband as well as the wife — may apply. The applicant must show that their independent income is not sufficient for their support and for the expenses of the proceedings. There is no threshold income level; the question is whether what the applicant earns is adequate, given the standard of living during the marriage.
Section 24 is available in any proceeding under the Hindu Marriage Act — divorce under Section 13 or 13B, judicial separation under Section 10, restitution of conjugal rights under Section 9, and nullity under Sections 11 or 12. It is not available after the final decree has been passed; at that stage, Section 25 governs permanent alimony.
Yes. Section 24 allows the court to order the respondent to pay the "necessary expenses of the proceedings." That expression has been understood to include reasonable advocate fees, in addition to court fees and incidental litigation costs. A party without adequate independent income could not otherwise participate meaningfully in the proceedings; that is the purpose of the provision.
Both can be in force simultaneously. The Supreme Court in Rajnesh v. Neha (2020) 4 SCC 306 directed that where parallel maintenance orders are in place, each court must be informed of what the other has ordered and must adjust the amount accordingly to prevent double recovery. Claiming under both is permissible; the combined total will reflect one reasonable sum, not two independent awards added together.
Section 28A of the Hindu Marriage Act provides that orders for maintenance and interim maintenance under the Act are enforceable as money decrees of a civil court, through the execution mechanism in the Code of Civil Procedure. In practice: attachment of salary by notice to the employer, attachment of moveable or immoveable property, or contempt of court proceedings if the order is disobeyed.
Section 24 is pendente lite maintenance — it runs only while the proceedings are pending. Once the final decree is passed, the Section 24 order ceases to operate. Permanent alimony after the decree is governed by Section 25 of the Act, which may be applied for at the time of the decree or thereafter and runs in either direction — the court may award it to the husband or the wife.