Maintenance Pendente Lite during Stay of Proceedings

Source: Allahabad High Court 

Why in News? 

The bench of Justice Manish Kumar Nigam in the case of Ankit Suman v. State of U.P. and Another (2025) dismissed a petition challenging a recovery warrant for maintenance pendente lite, holding that stay of matrimonial proceedings due to a transfer petition does not absolve the husband of his liability to pay maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA).  

What was the Background of Ankit Suman v. State of U.P. and Another (2025) Case? 

• The husband-petitioner filed a divorce petition on 20th July 2018 under Section 13 of the Hindu Marriage Act, 1955 against his wife in the Family Court, Pilibhit. 
• The wife filed a written statement denying the allegations and subsequently filed an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite on 26th March 2019. 
• The Family Court initially dismissed the wife's maintenance application on 30th October 2020, but this order was set aside by the Allahabad High Court on 18th November 2021. 
• The High Court awarded Rs. 10,000/- per month to the wife and Rs. 10,000/- to the minor daughter, along with Rs. 30,000/- as litigation costs. 
• The husband challenged this order before the Supreme Court, which modified the maintenance amount to Rs. 10,000/- for the wife and Rs. 5,000/- for the minor daughter on 29th November 2022. 
• The wife filed an execution case for recovery of maintenance arrears, claiming Rs. 2,50,000/- till 26th August 2024. 
• Meanwhile, the wife had filed a transfer petition to move the divorce case from Pilibhit to Bareilly, and the High Court stayed the divorce proceedings on 18th September 2023. 
• The husband contended that since the proceedings were stayed, he was not liable to pay maintenance for the period of stay. 

What were the Court's Observations? 

• The Court analyzed Section 24 of the Hindu Marriage Act, 1955, which provides for maintenance pendente lite and expenses of proceedings during matrimonial proceedings. 
• Justice Nigam emphasized that the object of Section 24 is to provide immediate relief to financially weak parties in matrimonial proceedings to prevent them from becoming unprovided for during litigation. 
• The Court distinguished between "quashing" and "staying" of proceedings, citing Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association (1992), holding that staying an order does not wipe it out from existence but only suspends its operation. 
• The Court noted that the Supreme Court's order dated 29th November 2022 for maintenance payment remained valid and had neither been recalled nor set aside. 
• The judgment established that transfer proceedings themselves constitute "proceedings under the Hindu Marriage Act". 
• The Court referenced multiple precedents showing that Section 24 applications are maintainable even during restoration applications, revision proceedings, and other ancillary proceedings. 
• The Court rejected the husband's contention as "wholly misconceived" and held that mere stay of proceedings does not amount to termination, thus not absolving maintenance liability. 

What is Section 24 of the Hindu Marriage Act, 1955? 

About:  

• Section 24 of HMA provides for maintenance pendente lite and expenses of proceedings. Maintenance is both a human and legal right.  
• The section ensures temporary maintenance to spouses during pending litigation. 

Meaning of Maintenance:  

• Financial support provided by fathers to children or husbands to wives for expenses and necessities of dependents.  
• Also known as alimony, it covers payments for living expenses. Maintenance is granted regardless of whether parties live together or divorce has been granted under Hindu Laws. 

Meaning of Pendente Lite:  

• "Pendente lite" means "pending the litigation" or "during the pendency of the case."  
• It governs interim maintenance for livelihood support and necessary expenses during proceedings under HMA when there is insufficient or no independent income. 

Meaning of Maintenance Pendente Lite:  

• Providing living expenses and financial support to wife and children while the suit is pending between parties.  
• The provision offers gender-neutral rights, allowing both husbands and wives to apply for this remedy. 

Provisions of Section 24 of the HMA:  

• When any spouse lacks independent income sufficient for litigation proceedings, courts may order respondents to pay petitioner's proceeding expenses and maintenance considering respondent's income.  
• Applications must be disposed of within 60 days from notice service date. 

Fundamentals of Section 24 of HMA: 

• Expenses of Proceedings: Covers expenses during pending HMA proceedings including lawyer fees, court fees, stamp duties, traveling expenses, and related expenditures. Ensures financially weaker spouses can participate effectively in legal processes without cost burden. 
• Discretion of the Court: Courts have discretionary power to grant maintenance pendente lite and expenses. This allows consideration of individual case circumstances for fair determination of maintenance amounts. Courts assess income sufficiency, assets, and needs of both parties. 
• Temporary Nature: Maintenance under Section 24 is temporary, providing financial support only during pending legal proceedings. Courts have discretion to decide final maintenance when concluding cases. 

Difference Between Section 24 of HMA & Section 125 of CrPC (144 of BNSS):