Family Law · Hyderabad
Section 24 Hindu Marriage Act: Interim Support and Litigation Costs
Section 24 of the Hindu Marriage Act, 1955 allows either spouse in a pending matrimonial petition to ask the court for monthly maintenance and the costs of fighting the case. The order is interim: it lasts until the petition is decided and can be varied if incomes change. In Hyderabad Family Courts it is the fastest route to support during a contested divorce, usually decided on affidavits.
This guide explains what the section covers, how the court works out a figure, what documents decide the application and how to enforce an order that is ignored.
What Section 24 actually covers
Section 24 is a short provision with two distinct parts. The first is maintenance pendente lite, a monthly sum to keep the applicant and any dependent children afloat while the divorce, restitution or judicial separation petition is pending. The second is expenses of the proceeding, which covers the cost of conducting the case itself: court fees, advocate fees, travel to the court, copying and translation charges and the cost of producing evidence.
The section is gender neutral: on the application of either the wife or the husband, the court may order the other party to pay. Most applications are by wives, but a husband who has given up work for children, or is genuinely without means, can apply too. What matters is not who filed the divorce but who is financially weaker during the case.
Two limits define the remedy. First, it exists only while a petition is pending before the court. If there is no live matrimonial petition, there is no Section 24 application. Second, the order is not a final settlement. It fixes a monthly figure and a cost amount for the duration of the case; the question of permanent alimony is decided later, at the stage of the decree.
In plain terms: Section 24 keeps the weaker spouse financially able to litigate. It is not a punishment for filing a case, and it is not a reward for the spouse who did not file one.
Who can apply, and when
The application must be made in the same proceeding in which the matrimonial relief is sought. That means a petition under the Hindu Marriage Act for divorce, judicial separation, restitution of conjugal rights or nullity. An application filed in a standalone maintenance case is not a Section 24 application, though the relief may still be available under other provisions.
A wife who has filed for divorce can apply at the time of filing or later, and a wife defending her husband's petition can apply as soon as she enters appearance. There is no need to wait for evidence to begin. Courts take the application up early because a spouse without support cannot meaningfully contest a case that may run for years.
The applicant must show three things: that a petition is pending, that she or he has insufficient independent income or property to maintain themselves, and that the other spouse has income or assets from which support can be paid. The section does not ask the court to compare lifestyles in detail at this stage; it asks whether one party needs support and the other can provide it.
How the court assesses maintenance and costs
The statute lists the factors in bare terms: the applicant's income and property, and the income and property of the other spouse. Courts have built a framework around those words. The standard of living during the marriage is the starting point, followed by net income, liabilities, earning capacity, children and medical needs. In Rajnesh v Neha (2021) 2 SCC 324 the Supreme Court directed both spouses to file affidavits of assets and income and held that maintenance should ordinarily run from the date of the application.
On quantum, courts work from net take-home income rather than gross salary. In Kalyan Dey Chowdhury v Rita Dey Chowdhury (2017) 14 SCC 200 the Supreme Court observed that 25 per cent of the husband's net salary could be a reasonable benchmark absent special circumstances. That is not a formula but it is the figure most argued in Hyderabad Family Courts.
| Factor | What the court looks at | Evidence that helps |
|---|---|---|
| Standard of living | Rent, household help, school fees, vehicle and travel during the marriage | Rent agreement, fee receipts, bank and card statements |
| Husband's income | Net salary, business profit, rental income, agricultural income, foreign remittances | Salary slips, Form 16, ITRs, bank statements, property records |
| Wife's own means | Salary, inherited property, deposits, earning capacity and age | Her ITR, bank statements, employment contract, qualification certificates |
| Children | Number, age, school, medical or special needs | Birth certificates, school fee bills, medical records |
| Liabilities | Home loan, dependants, existing maintenance orders | Loan statements, previous court orders |
| Litigation costs | Court fee, advocate fee, travel, documents, expert evidence | Fee memos, court fee receipts, travel bills |
Costs are assessed more modestly than maintenance. A court will not sanction an extravagant legal budget, but it will ensure that the applicant is not forced to conduct the case without an advocate or to abandon it for want of funds. A single lump sum is common, sometimes released in instalments as the case progresses.
Filing the application in Hyderabad
A Section 24 application is filed by petition supported by an affidavit inside the pending case. It is not a separate suit and does not attract a fresh court fee in most Family Courts. The application should be filed as early as possible, because the order ordinarily operates from the date of the application and delay quietly costs the applicant money that cannot be recovered later.
- Draft the application with the marriage date, the petition number, the date of separation and a clear statement that the applicant has no sufficient independent income.
- Attach an affidavit of assets and income in the format directed in Rajnesh v Neha, listing every bank account, deposit, vehicle, property share and source of income.
- Prepare a monthly expense statement with documents rather than round figures: rent, electricity, water, groceries, transport, medical costs, children's school fees and tuition.
- File the application with a memo of the documents relied on and serve a copy on the other side through the court process.
- Press for an early hearing on the application and, if the other side seeks adjournments, ask the court to proceed on affidavit evidence.
The other spouse will usually file a counter-affidavit claiming a lower income and heavy liabilities. Salary slips and income tax returns are the strongest answer. Where he is self-employed, courts look at bank deposits, GST returns, property purchases, vehicles and lifestyle, and can draw an adverse inference when disclosure is evasive.
Section 24 compared with Section 25 and Section 125
Section 24, Section 25 and Section 125 CrPC are frequently confused. They serve different periods and different purposes, and a well-planned case may use more than one of them.
- Section 24 HMA applies only while the matrimonial petition is pending. It covers maintenance and litigation costs, and it stops when the petition is decided.
- Section 25 HMA applies at or after the decree. It grants permanent alimony, either monthly or as a lump sum, and can be varied later if circumstances change.
- Section 125 CrPC (now Section 144 of the BNSS) is a criminal-side welfare remedy available to wives, children and parents of any religion. It does not depend on a divorce petition and is decided by a Magistrate.
Running a Section 125 application alongside a divorce petition is common, and it is not an abuse of process. The magistrate can award maintenance from the date of that application while the Family Court hears the divorce. The two courts are expected to adjust the amounts so that the wife does not recover twice for the same period, which is why full disclosure in both cases matters.
The choice is strategic. Section 125 is quicker and cheaper to start. Section 24 gives a broader assessment because the Family Court already has the pleadings and eventually the evidence. Many Hyderabad practitioners file under Section 125 first and press Section 24 in the divorce petition for a realistic figure.
Variation, delay and enforcement
Section 24 orders are not frozen. If the husband loses his job or takes on a dependent parent, he can apply for reduction. If the wife's income rises, or the husband's salary is revised upward, either side can seek variation. The court decides on the material before it at that time, not on what was true two years earlier.
When an order is violated, the remedy is execution. An order under the Hindu Marriage Act is enforced like a civil decree: an execution petition with attachment of salary, bank accounts or property and, in persistent cases, detention. Under a Section 125 order the magistrate can issue a warrant and sentence the defaulter to imprisonment for up to one month for each default. The one-year limitation for arrears makes prompt action essential.
Delay in the main case also affects maintenance. Courts in Telangana have been directed to decide interim applications expeditiously, and repeated adjournments by the earning spouse are treated as a reason to award costs. Keeping a dated record of every payment received, and of every month missed, is the single most useful habit during a long case.
Frequently asked questions
Can a husband claim maintenance under Section 24?
Yes. Section 24 is available to either spouse. A husband who has no sufficient independent income and cannot bear the cost of the case can apply, though courts examine such claims closely and expect full disclosure of his assets, family support and earning capacity.
Is Section 24 maintenance paid from the date of the application or the order?
Following Rajnesh v Neha (2021), courts ordinarily award maintenance from the date of the application. Some orders are made effective from the date of the order, and an applicant should specifically ask for the earlier date in the prayer.
What documents prove my husband's real income?
Salary slips, Form 16, income tax returns, bank and credit card statements, loan applications, property sale deeds, vehicle registration and business GST returns. If he owns a business, purchase invoices and bank deposits often reveal more than the declared profit.
Does Section 24 maintenance continue after the divorce is granted?
No. Section 24 is tied to the pendency of the petition and ends when it is decided. Support after the decree must be sought under Section 25 of the Hindu Marriage Act as permanent alimony, and it is decided on the financial position at that stage.
What if my husband stops paying after an interim order?
File an execution petition in the same Family Court without waiting for the divorce to conclude. The court can attach his salary or bank account and, if he continues to defy the order, order his detention. Keep a month-wise record of payments and defaults.
Need help in Hyderabad?
Get interim support while your case is still running
Whether you filed the divorce or are defending one, an early Section 24 application changes how the case is fought. Bring your expense records, your spouse's income documents and any existing maintenance order to a consultation.
+91 96358 75831