Introduction: – Maintenance is a delicate issue in family law, particularly when determining whether one spouse should provide financial support to the other. Section 24 of the Hindu Marriage Act addresses this matter, offering a legal framework for seeking maintenance during the ongoing court proceedings. This section aims to ensure that both husband/ wife have the means to support themselves and cover the legal expenses associated with divorce or other marital disputes, promoting fairness and financial security in such situations.

Hindu Marriage Act

Section 24 of the Hindu Marriage Act states, “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 proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding 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.”

1. Equal Application: Section 24 of the Hindu Marriage Act applies without gender bias, allowing both husbands/wives to seek maintenance during the pending court proceedings.
2. Differentiation of Maintenance: The section distinguishes between two types of maintenance: actual maintenance (supporting daily living expenses) and pendente lite maintenance (support provided during the pendency of the suit to cover legal expenses).
3. Burden of Proof: If a husband seeks maintenance under Section 24, he must demonstrate that he lacks an independent source of income and cannot cover his living expenses or legal fees due to physical or mental disability or financial crisis.

Judicial Interpretations:

1. Sandeep Kumar v/s State of Jharkhand (AIR 2004 Jhar 22): This case affirmed that Section 24 does not discriminate between genders when awarding maintenance pendente lite.
2. Kanchan v/s Kalmendra (AIR 1993 Bom 493): It was determined that Section 24 allows husbands to claim maintenance pendente lite, provided they can prove their inability to earn and support themselves due to physical or mental disabilities. In this case, a husband seeking maintenance due to a business closure was denied support because he was physically capable of working.

Objective of Section 24 of the Hindu Marriage Act, 1955

• Maintenance pendente lite serves the purpose of ensuring the personal support of the spouse making the claim, covering the necessary expenses related to the legal proceedings. The primary objective behind Section 24 of the Hindu Marriage Act, 1955, which addresses maintenance pendente lite and expenses, is to extend financial aid to the spouse seeking it. This assistance enables them to continue participating in the legal process and sustain themselves during this period.
• It’s essential to note that the provision for pendente lite maintenance is applicable to either spouse under the Hindu Marriage Act, 1955, implying that both husbands and wives can seek maintenance. In contrast, under various other statutes like the Special Marriage Act (1954) and the Criminal Procedure Code (1973), the claim for maintenance is exclusively reserved for wives and not husbands.
• In the case of Chitra Lekha v. Ranjit Rai (1977), it was established that Section 24 aims to provide financial support to the financially disadvantaged spouse, enabling them to support themselves during the ongoing legal proceedings. It also ensures that they have sufficient resources to effectively participate in the litigation or defend themselves, preventing them from being unduly burdened due to financial constraints during the case.

Conclusion:

Section 24 of the Hindu Marriage Act serves as a valuable tool for husbands facing false accusations and litigation initiated by their wives. When husbands lack independent income and find themselves falsely implicated in legal disputes, the court can order the wife to provide maintenance pendente lite. This ensures that both parties have the means to sustain themselves during the ongoing legal proceedings. It is important to the court’s decision should align with reason and justice, ensuring that neither party bears undue burdens during this challenging period. note that the court will assess the circumstances of each case individually, considering the financial capacity of both spouses.

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