Report No. 98
Sections 24 to 26, Hindu Marriage Act, 1955
2.1. Section 24, Hindu Marriage Act.-
Before dealing with the questions proper, it would be desirable to set out the relevant provisions of the Hindu Marriage Act, 1955. Maintenance pendente lite and expenses of proceedings for the spouse are dealt with in section 24 of the Act, quoted below:-
"24. 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 on 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 regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable". It may be noted that this section is confined to maintenance (pendent lite) of a spouse. It does not deal with children. It does require that there should be a formal application.