What is interim maintenance under Section 24 of the Hindu Marriage Act?

Question

My divorce case is ongoing and I have no income to support myself during the litigation. Can I claim interim maintenance from my spouse? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is interim maintenance under Section 24 of the Hindu Marriage Act? is governed in India primarily by Hindu Marriage Act 1955, Section 24, Code of Civil Procedure 1908, Order 25 and Bharatiya Nagarik Suraksha Sanhita 2023, Section 144. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 24 of the Hindu Marriage Act allows either spouse who has no independent income sufficient for support and litigation expenses to apply for interim maintenance and litigation costs during the pendency of any matrimonial proceeding.

The relief under Section 24 is available to both husband and wife and can be claimed alongside a divorce, judicial separation or restitution of conjugal rights petition.

Courts assess the applicant's needs and the respondent's income, assets and financial capacity, often relying on affidavits of assets and liabilities filed by both parties.

Unlike Section 144 of the BNSS, which is a summary criminal remedy, Section 24 operates within the civil matrimonial proceeding itself and terminates once the main case is decided.

The court can also direct payment of the expenses of the proceeding so that the applicant is not denied access to justice for want of funds.

What to do next: 1) File an interlocutory application under Section 24 along with the main matrimonial petition; 2) Disclose your own income and file an affidavit of assets and liabilities as directed by the court; 3) Seek disclosure of the respondent's income tax returns, salary slips and bank statements; 4) Follow up promptly if the order is not complied with, as arrears can be recovered through execution.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Hindu Marriage Act 1955, Section 24 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.