Concept of Interim Maintenance
Section 24 of the Hindu Marriage Act, 1955, and the Concept of Interim Maintenance
It does not specify whether it is the wife or husband- it is to financial support for any of them, who is not financially capable and who does not have sufficient income.
Section 24 of the Hindu Marriage Act, 1955 provides for interim maintenance and expenses of proceedings. It allows a spouse, who does not have independent income sufficient to support themselves or meet the costs of legal proceedings, to seek financial assistance from the other spouse during the pendency of any matrimonial case.
Key Provisions under Section 24:
Eligibility: Either the husband or wife can apply for interim maintenance, provided:
They lack sufficient independent income to support themselves.
They require assistance to cover the costs of the legal proceedings.
The court considers both parties’ income, standard of living, and financial resources of both parties.
Maintenance is determined on a case-to-case basis.
Duration:
Maintenance under Section 24 is granted only for the duration of the legal proceedings.
It ceases once the main case is resolved. It is not permanent maintenance, for permanent maintenance need to file in other sections, new law bnss section 144.
Expenses of Proceedings:
The court may order one spouse to pay the costs of legal proceedings incurred by the other.
Interim Maintenance Rights:
Purpose: To ensure that neither party is financially disadvantaged or unable to participate effectively in matrimonial litigation due to a lack of resources.
Judicial Discretion: Courts have wide discretion to decide the quantum and terms of interim maintenance based on the financial needs and capacities of the parties.
As per requirement, people can file for interim maintenance which is a legal right. And it is not mandatory that only the wife can file for interim maintenance, the husband can also file for interim maintenance.
Practical Aspects:
Filling: A party seeking relief under Section 24 must apply to the same court where the main matrimonial case is pending.
Proof of Income and Expenses: Both parties may be required to submit affidavits or evidence detailing their income, liabilities, and expenses.
Proof of income and expenses are required to make an interim decision. Make sure to submit all documents with proofs.
Other Maintenance Laws:
Interim maintenance under Section 24 is distinct from the concept of interim maintenance.
Section 25 of the Hindu Marriage Act, 1955: Permanent alimony and maintenance post-divorce.
Section 125 of the Code of Criminal Procedure, 1973, Now is (Section 144 BNSS 2023): Maintenance for wives, children, and parents irrespective of matrimonial litigation.
If you are dealing with a case with Section 24 or interim maintenance rights, please feel free to contact for legal guidance by your legal advisor and lawyer.
