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Maintenance (Hindu Marriage Act, 1955)

Maintenance under Section 24 of Hindu Marriage Act, 1955 (Maintenance “pendent lite”) Section 24 makes provision for grant of maintenance pendent lite and expenses of proceedings to either spouse.

In Chitra Lekha V. Ranjit Rai 1977: Delhi:- The court laid down that the object behind Section 24 is to provide financial assistance to the indigent spouse to maintain herself during the pendency of the proceedings, and also to have sufficient funds to defend or carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds. A liberal interpretation is to be given to section 24, as its object is to secure that the indigent spouse should not suffer during the pend ency of the proceedings. The Court has to act in accordance with sound judicial principles which are as follow:

(a) Position and status f parties (b) Reasonable want of the claimants (c) Income of he Claimant (d) Income of the opposite party (e) Number of persons the opposite party has to maintain

Permanent Alimony and Maintenance:- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

(2)– If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made and order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court many deem just.

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