Section 24 of the Hindu Marriage Act 1955 – A Jurisprudential Analysis

Section 24 of the Hindu Marriage Act 1955 – A Jurisprudential Analysis

Introduction

Section 24 of the Hindu Marriage Act, 1955 (“HMA”) empowers the matrimonial court to grant maintenance pendente lite and litigation expenses to either spouse during the pendency of proceedings. Conceived as a social-justice measure, it seeks to prevent economic asymmetry from impeding effective access to justice. Although the text of the provision is concise, decades of judicial interpretation have textured its contours, particularly regarding the threshold for grant, the quantum, the temporal point of commencement, and the modes of enforcement. The present article critically evaluates this jurisprudence, synthesising leading Supreme Court and High Court authorities, statutory cross-references, and recent procedural innovations.

Statutory Framework and Normative Objective

Section 24 reads, in substance, that where “either the wife or the husband” in any proceeding under the HMA “has no independent income sufficient for her or his support,” the court may order the other party to pay reasonable expenses of proceedings and a monthly sum during the proceeding “having regard to” the incomes of both. The provision is gender-neutral, premised on equality of arms, and grounded in constitutional imperatives of social justice under Articles 15(3) and 39 of the Constitution.[1]

Its operative prerequisites are: (a) pendency of any matrimonial proceeding; (b) comparative financial incapacity of the applicant; and (c) a discretionary, yet judicial, determination of a reasonable amount. Although Section 24 is self-contained, the Supreme Court has repeatedly read it in harmony with cognate maintenance statutes—Section 125 of the Code of Criminal Procedure (“CrPC”), the Protection of Women from Domestic Violence Act, 2005 (“DV Act”), and Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (“HAMA”)—to avoid conflicting or overlapping reliefs.[2]

Jurisprudential Evolution

Early Enforcement and Procedural Safeguards

In Anita Karmokar v. Birendra Chandra Karmokar (1961), the Calcutta High Court stayed the matrimonial suit until arrears under Section 24 were discharged, invoking inherent powers under Section 151 CPC.[3] The decision underscored that an impecunious litigant cannot be compelled to proceed while maintenance remains unpaid, thereby embedding an enforcement dimension within Section 24 jurisprudence.

Quantum and Determinative Criteria

The Supreme Court in Manish Jain v. Akanksha Jain (2017) reiterated that the discretion, though wide, “is neither arbitrary nor capricious”: courts must consider the incomes of both parties and avoid “abnormal” figures.[4] Earlier, the Orissa High Court invoked the traditional one-fifth benchmark of net income as a rule of thumb for pendente lite maintenance.[5]

Recent High Court practice emphasises empirical evaluation through sworn asset–liability affidavits, as mandated by Rajnesh v. Neha (2020).[6] This decision introduced a standardised pro-forma and fixed timelines to curb speculative or evasive disclosures, thereby institutionalising transparency in Section 24 proceedings.

Commencement Date: Application versus Order

While Section 24 is silent on the effective date, analogical reasoning from Section 125 CrPC cases influences judicial choices. In Bhuwan Mohan Singh v. Meena (2014) the Supreme Court—though deciding a Section 125 claim—directed maintenance from the date of application to neutralise litigious delay caused by the respondent.[7] High Courts have extended this logic to Section 24, holding that dilatory tactics cannot defeat subsistence rights.[8]

Impact of Prior or Parallel Proceedings

Section 24 relief is not barred when the applicant already receives maintenance under Section 125 CrPC or the DV Act. Instead, courts adjust amounts to obviate double recovery, as clarified in Shivani Sharma v. Kunal Sharma (2013 P&H) and Smt. Niharika Yadav v. Manish Kumar Yadav (2019 Del).[9] Conversely, a compromise granting permanent alimony may estop subsequent Section 24 claims, as held in Jagsir Singh v. Charanjit Kaur (2014 P&H).[10]

Gender Neutrality and Earning Capacity

Although originally invoked predominantly by wives, Section 24 applies equally to husbands who lack sufficient income. Courts have, however, denied maintenance where the claimant is highly qualified and demonstrably earning or capable of earning—as in Divya Srivastava v. Vaibhav Srivastava (2023 Del) and Niharika Ghosh v. Shankar Ghosh (2023 Del).[11] The emphasis thus lies on actual or potential economic self-sufficiency rather than gender.

Interface with Section 25: Permanent Alimony

The bifurcation between interim and permanent relief was accentuated by Chand Dhawan v. Jawaharlal Dhawan (1993). The Supreme Court held that Section 25 relief is ancillary to a decree affecting marital status; absent such decree, permanent alimony is impermissible.[12] The ruling safeguards Section 24’s interim character while preserving legislative intent to reconsider support post-decree. Subsequent enhancement cases such as Vinny Parmar v. Parmdir Parmar (2011) reaffirm that Section 25 operates in a distinct, post-decretal sphere concerned with long-term sustenance.[13]

Procedural and Enforcement Dimensions

Stay and Strike-Out Mechanisms

Non-compliance with Section 24 orders may trigger a stay of the substantive matrimonial action, a measure validated in Anita Karmokar. Some Family Courts additionally employ coercive powers—such as attachment of property or contempt—to secure obedience, a practice endorsed by the Punjab & Haryana High Court in Vijay Verma v. Sita Devi (2018).[14]

Affidavit of Disclosure and Time-Lines

Rajnesh v. Neha formulated pan-India guidelines: (i) affidavits must accompany the initial application; (ii) interim applications should be disposed within four months; (iii) previous orders across statutes must be disclosed to facilitate set-off. These directions, now circulated to all Family Courts, directly influence Section 24 practice by expediting adjudication and preventing forum shopping.

Critical Appraisal and Emerging Issues

  • Delay Pathology: Despite Rajnesh, anecdotal evidence reveals persistent delays, often attributable to adjournment culture. Legislative amendment prescribing a statutory deadline may be considered.
  • Economic Thresholds: Courts rely on indicative percentages (one-fifth, one-third) or comparability analyses. Codified metrics—allowing judicial deviation on recorded reasons—could inject certainty.
  • Gender Parity: Increasing male petitions test the neutrality of Section 24. Empirical studies on grant patterns would inform whether unconscious biases linger.
  • Overlap Management: While set-off is judicially accepted, absence of a centralised maintenance registry complicates tracking. Digitised inter-court communication, as mooted by the Supreme Court, is imperative.

Conclusion

Section 24 of the HMA remains a vital egalitarian tool, ensuring that matrimonial litigation is not converted into a war of attrition dictated by superior economic clout. Judicial elaboration—from Anita Karmokar to Rajnesh v. Neha—has progressively clarified its ambit, refined its procedures, and harmonised it with parallel maintenance regimes. Nonetheless, challenges of delay, quantum determination, and enforcement persist. A combined response—statutory fine-tuning, robust procedural enforcement, and empirical monitoring—will fortify Section 24’s capacity to uphold the constitutional promise of substantive equality within the matrimonial jurisdiction.

Footnotes

  1. Constitution of India, Arts. 15(3) & 39; Ramesh Chander Kaushal v. Veena Kaushal, (1978) 4 SCC 70.
  2. Rajnesh v. Neha, (2021) 2 SCC 324.
  3. Anita Karmokar v. Birendra Chandra Karmokar, 1961 SCC OnLine Cal 123.
  4. Manish Jain v. Akanksha Jain, 2017 SCC OnLine SC 314.
  5. Basant Kumar Behera v. Chandini Behera, 2012 SCC OnLine Ori 284.
  6. Rajnesh v. Neha, supra note 2.
  7. Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353.
  8. Shivani Sharma v. Kunal Sharma, 2013 SCC OnLine P&H 20127.
  9. Smt. Niharika Yadav v. Manish Kumar Yadav, 2019 SCC OnLine Del 9865.
  10. Jagsir Singh v. Charanjit Kaur, 2014 SCC OnLine P&H 15478.
  11. Divya Srivastava v. Vaibhav Srivastava, 2023 DHC 6756; Niharika Ghosh v. Shankar Ghosh, 2023 SCC OnLine Del XXXX.
  12. Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406.
  13. Vinny Parmar v. Parmdir Parmar, (2011) 13 SCC 112.
  14. Vijay B. Verma v. Sita Devi, 2018 SCC OnLine P&H 1124.