Hindu Marriage Act, 1955. Under Section 24

Section 24 provides a relief by way of mainenance and litigation expenses to a spouse who is unable to maintain itself during the pendency of the proceedings;

Hindu Marriage Act, 1955, Sec 24.

Maintenance pendente lite and expenses of proceeding.-

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regards to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable :

[i][Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

Comments.-

"Under Section 24 of the Act of 1955, an order of maintenance is only pendentelite proceedings. There are no rigid rules or laws of universal applications, which have to be adhered to while disposing of an application filed under section 24 of the Act of 1955. Here each case has to be adjudicated by the judge, Family Court on its merit. Wide and flexible powers has been given to the judge, Family Court to mould a relief as he think fit in the interest of justice."

2010 (2) UAD 745

Rahul Samrat Tandon Versus Smt Neeru Tandon A.O. NO 113 of 2010, Smt Neeru Tandon & Anr. Versus Rahul Samrat Tandon, A.O. NO. 237 of 2010, decided on : 20. 07. 2010

in Jasbir Kaur Sehgal v. District Judge, Dehradun and Others - 1997 (7) SCC 7 and Praveen Menon v. Ajitha K. Pillai - 2001 (3) KLT 450 and Damodaran v. Meera - 1986 KLT 1020, wife's right to maintenance includes maintenance to the child as well.

[i] Inserted by Act 49 of 2001, S. 8 (w.e.f.24-9-2001)