Divorce Case Going On But No Money to Live: Your Right to Maintenance Under Section 24 HMA

Imagine you are in the middle of a divorce case. Your lawyer is charging fees. You have to attend court dates. But your spouse controls all the money, or you were a homemaker and have no income of your own. How do you even survive while the case drags on for months or years?

This is exactly the situation that Section 24 of the Hindu Marriage Act, 1955 was designed to fix. It gives any spouse — husband or wife — the right to ask the court for two things: money to live on while the case is pending, and money to pay for the court proceedings themselves.

This is not alimony after divorce. This is maintenance during the case. In legal language it is called maintenance pendente lite — maintenance while the case is pending. This article explains everything you need to know about it in plain terms.

What Is Section 24 HMA and Why Does It Exist?

Section 24 of the Hindu Marriage Act, 1955 says that in any proceeding under the Act — whether it is a petition for divorce, judicial separation, restitution of conjugal rights, or nullity of marriage — either spouse who does not have sufficient independent income can apply to the court for:

• Monthly maintenance while the case is going on
• The expenses of the proceedings — meaning court fees, lawyer fees, and related costs

The reason this provision exists is simple: the court should not allow one spouse to starve the other out of the litigation. If the husband has all the money and the wife cannot even afford a lawyer to defend herself, the whole court process becomes one-sided and unfair. The law therefore places a duty on the court to ensure that the financially weaker party has enough to eat, to live, and to fight their case properly.

In the words of the courts, the object of the provision is that a needy spouse should be provided with the means to prosecute or defend the proceedings. It is the duty of the court — at the very first instance — to ensure the needy spouse gets maintenance before anything else in the case proceeds.

Under this provision, a wife who has filed a petition can insist that her application under Section 24 be decided before she is even asked to file her written statement replying to the husband's claims.

Can Only the Wife Claim This — Or the Husband Too?

This is one of the most important things to understand: Section 24 applies to both spouses equally. The law says "either party" to the proceedings can apply. So if the husband genuinely has no income and the wife is the earning spouse, the husband can also apply for maintenance pendente lite.

In practice, the vast majority of applicants are wives, because in most Indian households the wife is the homemaker or earns significantly less. But the law does not discriminate based on gender. The test is simple: does the applicant have sufficient independent income to support themselves during the case? If not, they can apply.

The court looks at the income of both the petitioner (the person who filed the main case) and the respondent (the other side). Based on the difference, it decides how much the more financially capable spouse should pay.

What Exactly Does the Court Give You Under Section 24?

There are two components to a Section 24 order:

1. Monthly maintenance: This is a fixed amount paid every month from the date of the application until the final disposal of the main case. The courts have held that this payment should begin from the date of the application — not later.

2. Expenses of the proceedings: This is a separate amount to cover the costs of fighting the legal case. The expenses of proceedings include:

• Fees of a reasonably competent lawyer
• Court filing fees and stamp charges
• Diet charges for witnesses
• Clerical charges and typing costs
• Any other expenses reasonably incurred for the case — such as costs of examining an expert witness or travel expenses to attend court

Educational expenses for the applicant themselves are not included in the definition of maintenance under Section 24. And if free legal aid is available to the wife, the court has held she should use that benefit rather than loading the entire lawyer cost on the husband.

The duration of this order runs from the date of the application right up to the termination of the proceedings. It does not continue after the case is over — for post-decree maintenance, the provision is Section 25 HMA (permanent alimony).

How Much Money Will the Court Order?

Section 24 does not fix a rigid formula or arithmetic rule. The court exercises its discretion based on the specific facts of your case. However, the courts have, over the years, identified the key factors that matter:

1. Status of the parties: The social and economic position of the family
2. Reasonable wants of the applicant: What does the applicant genuinely need to maintain a basic standard of living?
3. Income and property of the applicant: If the applicant has their own income, maintenance will be reduced accordingly — or may not be granted at all
4. Income and property of the other spouse: The court may even make educated guesses about the other spouse's income if they are not forthcoming with information
5. Number of persons the other spouse is maintaining: If the husband is already maintaining children or dependent parents, that is taken into account
6. Standard of living in the matrimonial home: Food, clothing, shelter, medical needs — the wife should not be reduced to a dramatically lower standard than she was used to
7. Liabilities of the spouse who will pay
8. Actual payment capacity

As a rough guide, the Supreme Court has noted in Soma Chowdhury v. Pradip Kumar that alimony pendente lite generally varies between one-fifth and one-third of the income of the earning spouse, depending on the facts of the case. But this is not a rule — it is a starting point, and courts adjust based on all the circumstances above.

One important point: only the applicant's own independent income is taken into account — not the income of their relatives. So the fact that the wife's parents are helping her financially does not reduce her entitlement under Section 24.

What If Your Spouse Does Not Pay the Amount Ordered?

The courts have taken a very strict view on this. Section 24 is meant to be enforced, not ignored. If the other spouse fails to pay the amount ordered:

• If the husband is the petitioner (he filed the divorce case) and he fails to pay: The court can strike out his defence or dismiss his petition entirely. A husband who uses the courts to file for divorce cannot then refuse to fund the wife's ability to respond.
• If the wife is the petitioner and the husband (respondent) refuses to pay: His defence can be struck out, meaning he loses his right to contest the case.
• The court also has inherent powers to stay further proceedings in the main case until the maintenance order is complied with.

The law is clear: a spouse cannot be asked to participate in court proceedings without being provided the means to do so. Courts have gone to considerable lengths to protect the financial rights of the needy spouse at this stage.

One more important point: an order under Section 24 is not lost even if the main proceedings ultimately come to an end. If maintenance was ordered but not paid, it remains enforceable.

How Do You Apply for Maintenance Under Section 24?

The application under Section 24 is filed in the same court where the main matrimonial case is pending — not in a separate court. The courts have held that an oral request is not sufficient; a written application must be filed.

The application should explain:

• That the main case is pending (refer to the case number)
• That you do not have sufficient independent income to support yourself
• What the other spouse earns (as best as you know)
• What you are spending or need to spend on daily living and the case

The court does not conduct a full trial on this application — it does a summary inquiry. This means it can decide the matter quickly, based on affidavits and preliminary evidence, without waiting for the full case to be heard. The court should not defer the decision on Section 24 until it decides the main divorce issue.

Even if the other side raises an objection about the court's jurisdiction, or even if the validity of the marriage is disputed, the court can still grant interim maintenance if a good prima facie case is shown. A wife of a marriage that may be void or voidable is also entitled to maintenance under Section 24 (though the position for such wives under Section 18 of the Hindu Adoption and Maintenance Act is different).

The order under Section 24 cannot be appealed to a higher court directly. No revision is available either. This keeps the process moving without endless delays on the interim maintenance question.

Does Your Behaviour or Conduct Affect Your Right?

Here is something many people do not know: under Section 24, your conduct is not a relevant factor. Even if you have been accused of adultery, cruelty, or other misconduct by your spouse, the court cannot deny you interim maintenance on that basis alone.

The courts have specifically held that conduct of the parties is immaterial when granting maintenance under Section 24. The section contemplates a summary inquiry — it is not a platform to judge who is right or wrong in the marriage. Those questions are for the main case.

So even if your spouse is alleging all kinds of things about you, you can still apply for and receive Section 24 maintenance while those allegations are being decided.

One exception: if the alleged marriage is bigamous and declared a nullity, some courts have held that no maintenance can be awarded. But the Bombay High Court has taken the view that even in such cases, a person who went through marriage ceremonies is entitled to maintenance — a position that is broader and more protective.

If you are navigating post-divorce financial matters, it is worth knowing how interim maintenance connects to permanent alimony decisions made at the end of the case.

What Should I Actually Do Now?

1. File the Section 24 application immediately. Do not wait. The court grants maintenance from the date of application — delay means money lost.
2. Insist your application is decided before you file your written statement. You have a legal right to do this. The court must decide Section 24 first.
3. Gather evidence of the other spouse's income. Salary slips, bank statements, property documents, income tax returns — anything that shows what they earn. Courts can make estimates if documents are not produced, but stronger evidence helps.
4. Document your own expenses. Rent, food, medical bills, school fees for children in your custody — have a realistic figure ready.
5. List out your litigation expenses. Get a quote from your lawyer. Include court fees, filing charges, and other expected costs.
6. If the other side does not comply with the order, apply for enforcement immediately. Do not let the order sit unpaid — ask the court to strike out their defence or dismiss their petition.
7. Check if your children's maintenance can be included. Many High Courts have held that under Section 24, maintenance for children in your custody can also be included without a separate application under Section 26.
8. Talk to a family lawyer. The application must be strategically framed — a good lawyer will frame it in terms that are hard for the court to reject.

Frequently Asked Questions