Can I claim interim maintenance while my divorce case is pending?

Question

My divorce case is still pending and I have no independent income to sustain myself and litigation costs. Can I get interim support during this period? Specifically, I want to know how Hindu Marriage Act 1955, Section 24 applies to a situation like mine and what the family law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

Can I claim interim maintenance while my divorce case is pending? is governed in India primarily by Hindu Marriage Act 1955, Section 24, Code of Criminal Procedure 1973, Section 125 and Hindu Adoptions and Maintenance Act 1956, Section 18. Outcomes in interim maintenance divorce disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 24 of the Hindu Marriage Act allows either spouse who lacks independent income sufficient for their support and the necessary expenses of the proceeding to apply for interim maintenance and litigation expenses during the pendency of a matrimonial case, including divorce.

The amount is fixed by the court based on the income and assets of both parties, the reasonable needs of the applicant, and the standard of living during the marriage, and is meant to be a provisional arrangement, not a final determination of maintenance.

Interim maintenance under Section 24 is available to both husband and wife, though wives more commonly invoke it, and courts require full disclosure of income through affidavits from both sides.

This remedy under the Hindu Marriage Act operates independently of a wife's separate right to maintenance under Section 125 of the Code of Criminal Procedure or under Section 18 of the Hindu Adoptions and Maintenance Act 1956, though courts adjust amounts to avoid double recovery for the same period.

An application for interim maintenance can be filed at any stage after the divorce petition is instituted and is usually decided relatively quickly compared to the main divorce case itself.

What to do next: 1) File an application for interim maintenance under Section 24 along with or soon after the main divorce petition; 2) Submit a detailed affidavit of assets, income and expenses as required by the family court; 3) Attend hearings promptly since interim applications are meant to be decided expeditiously; 4) Consult a lawyer to ensure amounts claimed elsewhere are properly disclosed to avoid inconsistency.

If you are unsure whether your facts fall inside Hindu Marriage Act 1955, Section 24, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.