Hindu Marriage Act 1955 Section 24: Interim Maintenance and Expenses (2026)
What Section 24 of the Hindu Marriage Act, 1955 does: during a matrimonial case, the spouse who has no independent income can ask the court for interim maintenance and the costs of the proceedings. It applies to either the husband or the wife. Last verified October 2026.
Explainer · Family Law · Hindu Marriage Act
Section 24 of the Hindu Marriage Act, 1955 gives a spouse money to live on and to fight the case while a matrimonial matter is going on. If one spouse has no independent income that is enough to support themselves and to meet the cost of the proceedings, the court can order the other spouse to pay interim maintenance and the expenses of the litigation. An important point many people miss is that Section 24 is gender-neutral. It can be used by a husband or a wife, whoever is the one without a sufficient income. This explainer sets out what Section 24 says, how courts decide the amount, how it differs from other maintenance, key case law, and a practical note. Last verified October 2026.
- What it is: Section 24 of the Hindu Marriage Act gives interim maintenance and litigation costs while a matrimonial case is pending.
- Who can apply: either spouse, husband or wife, who has no independent income sufficient for support and the case.
- What is paid: a monthly interim maintenance and the reasonable expenses of the proceeding.
- Timeline: the application should, as far as possible, be disposed of within 60 days of notice.
01What Section 24 says
Section 24 provides for maintenance pendente lite, which means maintenance while the case is pending, and for the expenses of the proceeding. It applies in any proceeding under the Hindu Marriage Act, such as restitution of conjugal rights, judicial separation, nullity, or divorce, including a mutual consent divorce. The court can order the spouse who has the means to pay the other spouse a monthly sum for support and a lump sum towards the costs of the case.
The idea in one line
Section 24 keeps the weaker spouse financially afloat and able to pay for the case while the matrimonial matter is being decided.
The payment usually runs from the date of the application until the case is decided. A proviso says the application should be disposed of, as far as possible, within 60 days of notice to the other spouse.
02Who can apply
Either spouse can apply, whether or not that spouse started the main case. The one condition is that the spouse applying must have no independent income that is sufficient for their support and to meet the necessary expenses of the proceeding.
It works both ways
Section 24 is not only for wives. A husband without a sufficient income can also claim interim maintenance and litigation costs from a wife who has the means.
This is the gender-neutral feature of the section. In practice wives claim more often, but the text and the courts treat the right as available to either spouse who genuinely lacks the means.
03How the amount is decided
There is no fixed formula. The court looks at the income and property of both spouses, the standard of living during the marriage, the reasonable needs of the applicant, and any dependants. The aim is a fair interim figure, not a final settlement.
Courts also expect honest disclosure of income from both sides. The Supreme Court has encouraged the use of affidavits of assets and liabilities to fix interim maintenance fairly and to avoid overlap where maintenance is claimed under more than one law. For the wider picture on maintenance, see maintenance for a wife and children in India.
04How it differs from other maintenance
It helps to see where Section 24 sits among the different maintenance provisions.
| Provision | What it is |
|---|---|
| Section 24 HMA | Interim maintenance and litigation costs while a Hindu Marriage Act case is pending. |
| Section 25 HMA | Permanent alimony and maintenance, ordered at or after the final decree. |
| Section 125 BNSS (earlier CrPC) | A separate, quicker maintenance remedy for a wife, children or parents, independent of the HMA. |
A spouse can claim under more than one of these, but courts adjust the amounts so there is no double recovery. For the criminal-side remedy, see Section 125 maintenance.
05Key case law
The case law on Section 24 settles a few recurring points.
- Gender-neutral: Courts have confirmed that a husband without sufficient income can claim under Section 24, not only a wife.
- Disclosure of income: The Supreme Court has directed the filing of affidavits of assets, income and expenditure to fix interim maintenance fairly and prevent concealment.
- No double recovery: Where maintenance is claimed under more than one law, courts set off amounts so the paying spouse is not made to pay twice for the same period.
Pull the current rulings on the specific point before you rely on them, as family courts apply them to the facts.
06A practical note
Apply early and be honest about income. A Section 24 application is often the first thing filed in a matrimonial case, because it funds the applicant's living and legal costs. Attach a clear affidavit of your assets, income and expenses, because courts rely on it and penalise concealment.
If you are already claiming maintenance under another law, say so, so the court can adjust the figures. For how to begin a maintenance claim, see how to file a maintenance petition in India.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
How much interim maintenance courts award on given incomes, when a husband can claim, and how overlapping maintenance is adjusted are all questions decided in many judgments. Claw lets you search more than 30 crore judgments on Section 24 and interim maintenance, with results in under 5 seconds, so you can line up the authorities for your facts. You can also track a live matrimonial matter, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums, with reported authority from Supreme Court rulings of 1950 and High Court rulings of 1990. Claw does not use your case documents to train its AI models.
Create a free Claw account to find Section 24 decisions on point and to follow a maintenance matter, and use case search across Indian courts to search the wider body of family law.
08Sources and further reading
- India Code (Hindu Marriage Act, 1955, bare text): indiacode.nic.in
- Supreme Court of India (judgments): main.sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from an advocate before you act.
09Frequently asked questions
What is Section 24 of the Hindu Marriage Act?
Section 24 provides for maintenance pendente lite, meaning interim maintenance while a matrimonial case is pending, and for the expenses of the proceeding. The spouse who has the means is ordered to pay the spouse who has no sufficient independent income.
Can a husband claim maintenance under Section 24?
Yes. Section 24 is gender-neutral. A husband who has no independent income sufficient for his support and the expenses of the case can claim interim maintenance and litigation costs from a wife who has the means, just as a wife can from a husband.
How does the court decide the amount?
There is no fixed formula. The court looks at the income and property of both spouses, the standard of living during the marriage, the reasonable needs of the applicant and dependants. Courts rely on affidavits of assets and income to fix a fair interim figure.
How is Section 24 different from permanent alimony?
Section 24 is interim, paid while the case is pending. Permanent alimony and maintenance is under Section 25, ordered at or after the final decree. Section 125 of the BNSS, earlier the CrPC, is a separate and quicker maintenance remedy.
Can I claim under Section 24 and another maintenance law?
Yes, but courts adjust the amounts so there is no double recovery for the same period. You should disclose any maintenance claimed or received under another law so the court can set off the figures.
Can I research Section 24 decisions in Claw?
Yes. Claw lets you search more than 30 crore judgments on Section 24 and interim maintenance by party or advocate, with results in under 5 seconds, and track orders and hearings across 9,102 courts, benches and forums. It researches and tracks the matter but does not give legal advice.