High Court Confirms Husband’s Liability for Maintenance under Section 24 During Divorce Proceedings

Case Name: Ankit Suman vs. State of U.P. and Another 2025.

Introduction

The High Court recently issued a ruling on an important legal issue which is related to a husband's liability to pay maintenance to his wife when divorce proceeding is on hold. The verdict highlighted on whether to pay maintenance under Section 24 of the Hindu Marriage Act, 1955 still apply when divorce is on hold.

Maintenance under Section 24 of the Hindu Marriage Act, 1955.

Background

The Court had earlier directed that the outstanding Maintenace paid to the wife in two months with this wife was ordered litigation costs accumulated in the High Court and the Family Court. Rs. 30,000 was directed to be paid to her within one month from the date of judgment. On 18.11.2021 petitioner challenged the High Court verdict before the Apex Court.  The Supreme Court, on 29.11.2022, ordered petitioner to pay ₹10,000 per month to the wife and ₹5,000 per month to minor daughter. The husband failed to pay the amount, following this wife filed the Execution Case and in September 2024, The Additional Family Court, Pilibhit  issued the recovery warrant against the petitioner. Hence, Petitioner Challenged the order of the court before High Court.

Legal Statue

Section 24 of the Hindu Marriage Act, 1955:

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 regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

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 to the wife or the husband.

High Court Observation

Section 24 of the Hindu Marriage Act is explained by the High Court, which is to help the dependent wife or husband financially during the divorce and marriage–related Case.

The court stated that the “During the Proceedings” which is meant to help a financially weaker husband or wife, so they are not at a disadvantage during a divorce or other marriage-related case. These include the duration of appeal, revisions, and restored cases.

The High Court referred the Relevant Cases

• Amrit Lal Nehru v. Usha Nehru.

• Vinod Kumar Kejriwal v. Usha Kumar Kejriwal. 

• Surendra Kumar Asthana v. Kamlesh Asthana. 

In the above Cases Court directed to pay for the maintenance Under Section 24 at any stage of proceeding. The court also highlighted the case of Yogeshwar Prasad v. Jyoti Rani Prasad was ruled that if the case is under Section 25 (Permanent Maintenance) separate applications under Section 24 can be still accepted. 

The Court Noted that , "Thus, from the case laws as referred above, it is evident that the proceedings under Section 24 of the Hindu Marriage Act, 1955 are maintainable during the pendency of the proceedings as contemplated under the Hindu Marriage Act, 1955 and the liability to pay the amount will not come to an end merely because the proceedings are pending at the revisional stage, appellate stage or even in cases where the proceedings have been dismissed for want of prosecution and the restoration of the same is pending" 

After Considering the facts of this case, the high Court Held that the order of maintenance under section 24 of the Hindu Marriage Act, 1955 is valid. Therefore, it is the responsibility of the husband to pay for the maintenance. 

The court also highlighted that if the case is transferred to another court, it will still be considered as ongoing proceedings. 

Conclusion: High Court on Maintenance under Section 24 of the Hindu Marriage Act, 1955

The Allahabad High Court ruled that the husband's obligation to provide maintenance under Section 24 of the Hindu Marriage Act, 1955, continues until it is revoked or annulled. The Court also stipulates that the transfer of the case does not halt the legal proceedings or impact the wife's entitlement to maintenance. 

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