Interim Maintenance During Divorce in India: A Guide to HMA s.24

Interim maintenance during divorce is the monthly financial support one spouse can be ordered to pay the other while the divorce case is still pending in court. Under Section 24 of the Hindu Marriage Act, 1955 (HMA s.24), either spouse — husband or wife — who has no independent income sufficient for their support and the necessary expenses of the proceeding may apply for this support. The court can also direct payment of litigation expenses so that a financially weaker spouse is not forced to abandon the case for want of funds.

This guide explains what interim maintenance during divorce means, the difference between interim (pendente lite) and permanent maintenance, who can claim, how the amount is decided, the documents you typically need, and the broad procedure. It is general information, not legal advice — and the figures and timelines below should be confirmed with an advocate for your specific facts.

What "interim maintenance during divorce" actually means

A contested divorce can take months or years. During that time, a spouse who depended on the other for money — and any children in their care — still needs to pay rent, school fees, medical bills, and daily expenses. Interim maintenance is the law's answer to that gap.

The word pendente lite is Latin for "pending the litigation." Interim maintenance is therefore often called maintenance pendente lite. It is paid from the date of the application (the court has discretion on the exact start date) and continues until the main case is decided. It is distinct from permanent alimony, which is fixed at the end of the case.

Because the provision is designed to keep proceedings fair, HMA s.24 covers two things:

1. Maintenance pendente lite — recurring support for the applicant spouse during the case.
2. Expenses of the proceeding — a contribution toward the applicant's legal costs.

HMA s.24: the statute and what it says

Section 24 of the Hindu Marriage Act, 1955 applies where any proceeding under the Act (divorce, judicial separation, restitution of conjugal rights, nullity, etc.) is pending. It provides that if it appears to the court that either the wife or the husband has no independent income sufficient for their support and the necessary expenses of the proceeding, the court may order the respondent spouse to pay the applicant the expenses of the proceeding and a monthly sum during the proceeding.

Two practical points worth noting:

• It is gender-neutral. The provision speaks of "the wife or the husband," so a husband with no sufficient independent income can, in principle, also apply. In practice claims are more often filed by wives, but the statutory right runs both ways.
• A proviso urges speed. The section was amended to add a proviso that the application should ordinarily be disposed of within sixty days from the date of notice to the respondent. Courts treat this as directory rather than an absolute deadline, so real-world timelines vary — verify the current expectation with your advocate.

You can read the bare text of the Hindu Marriage Act, 1955 on the Government of India's official portal: India Code — Hindu Marriage Act, 1955.

A note on changing law: HMA s.24 itself is in the civil family-law statute and was not renumbered by the 2023 criminal-law overhaul. However, maintenance is also claimed under criminal/secular provisions — the old Section 125 of the Code of Criminal Procedure (CrPC) has been re-enacted as Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). If your matter or any online article references "Section 125 CrPC," check whether the BNSS numbering now applies. Always verify the current section with your advocate before relying on it.

Interim vs permanent maintenance: a quick comparison

A frequent point of confusion is how interim maintenance differs from permanent maintenance or alimony. The table below summarises the difference.

Feature	Interim maintenance (pendente lite)	Permanent maintenance / alimony
Governing provision (HMA)	Section 24, HMA 1955	Section 25, HMA 1955
When granted	While the case is pending	At or after the final decree
Purpose	Tide the spouse over during litigation; fund the case	Long-term support after the marriage is dissolved
Form	Usually a recurring monthly sum + litigation expenses	Lump sum and/or periodic payment
Duration	Until the main petition is decided	As ordered; can be reviewed on changed circumstances
Who may claim	Either spouse without sufficient independent income	Either spouse, decided on final merits

Note that maintenance can also be sought under other laws depending on the parties' religion and facts — for example Section 18 of the Hindu Adoptions and Maintenance Act, the secular maintenance provision now in the BNSS, or the Protection of Women from Domestic Violence Act, 2005. Which route fits depends on your situation and is a question for your advocate.

Who can claim interim maintenance during divorce?

Eligibility under HMA s.24 turns on need and income disparity, not gender. Broadly, an applicant should be able to show:

• A divorce (or other HMA) proceeding is currently pending between the parties.
• The applicant has no independent income — or income that is insufficient for their support and to meet the expenses of the litigation.
• The other spouse has the capacity to pay.

Courts generally look at the spouses' relative financial positions, standard of living during the marriage, reasonable needs, liabilities, and the dependants in each spouse's care. A spouse who is themselves earning well may still claim if there is a genuine disparity, but the amount will reflect that. The aim is balance, not enrichment.

How is the amount of interim maintenance decided?

There is no fixed formula or percentage hard-coded in HMA s.24; the amount is at the court's discretion based on the facts. That said, the Supreme Court has laid down guidance to bring consistency to maintenance orders — notably in Rajnesh v. Neha (2020), which directed parties to file a sworn Affidavit of Disclosure of Assets and Liabilities and listed factors courts should weigh. Confirm the current status and exact requirements of this framework with your advocate, as practice directions evolve.

Factors courts commonly weigh include:

• The income and assets of both spouses (salary, business, rent, investments).
• The reasonable needs of the applicant and any children in their care.
• The standard of living enjoyed during the marriage.
• The liabilities of the paying spouse (loans, dependants, other maintenance orders).
• The earning capacity of the applicant, including qualifications and whether they gave up a career for the family.

How to claim interim maintenance: the broad procedure

Here is the typical sequence. Exact local practice varies by court, so treat this as an outline and confirm the steps with your advocate.

1. File the application. An interim maintenance application under HMA s.24 is filed in the same court where the divorce/HMA petition is pending, usually as an interlocutory application supported by an affidavit setting out your income, needs and the other spouse's means.
2. File the disclosure affidavit. Attach the sworn Affidavit of Disclosure of Assets and Liabilities in the format the court requires, with supporting documents.
3. Notice to the other spouse. The court issues notice; the respondent files a reply, often with their own disclosure affidavit.
4. Hearing. Both sides are heard on need and capacity to pay. The court may rely largely on the affidavits and documents.
5. Order. The court fixes a monthly sum and, where claimed, litigation expenses, and specifies the date from which it runs and the mode of payment.
6. Enforcement, if unpaid. If the paying spouse defaults, the receiving spouse can move the court for enforcement; courts have several coercive options to secure compliance.

The order can later be modified if there is a material change in circumstances (for example a significant change in either spouse's income).

Documents for interim maintenance: what to gather

Strong, organised documents are often the difference between a realistic order and a token one. While exact requirements vary, applicants commonly rely on the following.

Category	Examples of documents
Identity & marriage	ID proof, marriage certificate / proof of marriage
Your income	Salary slips, Form 16, bank statements, IT returns (or proof of no income)
Spouse's means	Salary/business records, property papers, IT returns, vehicle records — to the extent available
Expenses & needs	Rent agreement, utility bills, school/college fees, medical bills
Children	Birth certificates, school records, fee receipts
Disclosure	Sworn Affidavit of Assets, Liabilities and Income in the prescribed format

You will not always have your spouse's financial records; the court can call for them. Provide what you can and let your advocate seek the rest.

Common pitfalls to avoid

• Under- or over-stating figures. The disclosure affidavit is sworn; inaccuracies can damage credibility and the order.
• Delaying the application. Maintenance generally runs from the application, so unnecessary delay can mean lost months of support.
• Treating it as the final word. Interim maintenance is provisional; the final maintenance is decided separately at the end.
• Ignoring enforcement steps. An order on paper helps only if you act when payments stop.

For a fuller picture of divorce, alimony and maintenance, see our practice overview on family and divorce law. Related guides you may find useful: child custody for fathers in India and annulment of marriage in India.

Frequently Asked Questions

This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.