Interim Maintenance in Matrimonial Proceedings: Eligibility, Evidence and Court Factors

Interim maintenance can become one of the most important issues in a
matrimonial case.

A divorce or other matrimonial proceeding may take time to conclude.
During that period, one spouse may have substantially greater financial
resources while the other spouse may lack sufficient independent means
to meet reasonable living expenses and litigation costs.

Indian law provides several routes through which maintenance or
financial support may be claimed. The applicable provision depends on
the parties, the nature of the proceeding, the personal law involved and
the relief sought.

For a Hindu matrimonial proceeding, Section 24 of the Hindu
Marriage Act, 1955 deals with maintenance pendente
lite and expenses of proceedings. Section 25 deals with permanent
alimony and maintenance. The Hindu Adoption and Maintenance Act, 1956
contains separate maintenance rights in appropriate cases. A summary
maintenance remedy for wives, children and parents is now contained in
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS), corresponding broadly to former Section 125 of the Code
of Criminal Procedure.

These provisions should not be treated as interchangeable.

The court must examine the statutory basis of the claim, the
financial circumstances of the parties, their disclosure of income and
assets, the needs of the claimant, the respondent’s ability to pay,
existing obligations and other relevant circumstances.

The Supreme Court’s decision in Rajnesh v. Neha remains
particularly important because it established a structured approach to
disclosure of assets and liabilities and addressed overlapping
maintenance proceedings, the factors relevant to quantum, the date from
which maintenance may be awarded and enforcement.

What Is Interim
Maintenance?

Interim maintenance is financial support ordered during the pendency
of a proceeding rather than after the final adjudication of the
matrimonial dispute.

Under Section 24 of the Hindu Marriage Act, the court may grant
maintenance pendente lite and expenses of the proceeding where
the statutory conditions are satisfied.

The purpose is not to finally determine the parties’ financial
rights.

It is intended to address the financial imbalance that may prevent a
spouse from adequately participating in the proceeding or maintaining
themselves during its pendency.

The provision is therefore closely connected with:

• financial need;

• independent income;

• reasonable living expenses;

• litigation expenses;

• the respondent’s means;

• the stage and nature of the matrimonial proceeding.

financial need;

independent income;

reasonable living expenses;

litigation expenses;

the respondent’s means;

the stage and nature of the matrimonial proceeding.

The court considers the evidence placed before it rather than
applying a universal percentage of the respondent’s income.

Who
Can Apply Under Section 24 of the Hindu Marriage Act?

Section 24 is available to either the wife or the
husband where the statutory conditions are satisfied.

This is an important point.

Interim maintenance under Section 24 is not drafted as a one-sided
provision available only to wives.

The court considers whether the applicant has sufficient independent
income for their support and the necessary expenses of the
proceeding.

The provision can therefore operate in favour of a financially
dependent husband as well as a financially dependent wife.

The Supreme Court has also distinguished Section 24 HMA from the
separate summary maintenance remedy under Section 125 CrPC, now Section
144 BNSS. In a 2025 decision, the Court noted that the specific
statutory schemes have different foundations and should not simply be
treated as identical remedies.

What Does Section 24
HMA Provide?

Section 24 permits the court, during the pendency of proceedings
under the Hindu Marriage Act, to consider:

1. Whether the applicant has sufficient independent income for
   support.

2. Whether maintenance pendente lite should be
   awarded.

3. Whether expenses of the proceeding should be awarded.

4. What amount is appropriate in the circumstances.

Whether the applicant has sufficient independent income for
support.

Whether maintenance pendente lite should be
awarded.

Whether expenses of the proceeding should be awarded.

What amount is appropriate in the circumstances.

The provision therefore has two important components:

Maintenance

Financial support during the proceeding.

Litigation expenses

Reasonable expenses required for conducting the matrimonial
proceeding.

These should not automatically be treated as the same claim.

A party may have a maintenance claim, a litigation-expense claim, or
both.

Is
Interim Maintenance Available Only in Divorce Cases?

No.

Section 24 applies to proceedings under the Hindu Marriage Act where
the statutory requirements are met.

Depending upon the proceeding, this can include matters
concerning:

• divorce;

• judicial separation;

• restitution of conjugal rights;

• nullity;

• other proceedings covered by the Act.

divorce;

judicial separation;

restitution of conjugal rights;

nullity;

other proceedings covered by the Act.

The applicant must identify the underlying matrimonial proceeding and
establish the financial circumstances relevant to the application.

What
Is the Difference Between Section 24 and Section 25?

The distinction is fundamental.

Section 24 should therefore not be described as “permanent
maintenance”.

The legal basis and timing are different.

What Is Section
144 BNSS Maintenance?

Section 144 of the BNSS is the current summary statutory provision
dealing with maintenance of wives, children and parents.

It replaced the corresponding Section 125 CrPC framework from the
commencement of the BNSS on 1 July 2024.

Section 144 provides a separate route for a wife who is unable to
maintain herself, subject to the statutory requirements and
exceptions.

It can also concern maintenance for children and parents within the
statutory framework.

The remedy is designed as a summary social-justice mechanism and
operates independently of the personal-law framework in appropriate
circumstances.

The Supreme Court and High Courts continue to refer to earlier
Section 125 jurisprudence when interpreting the corresponding BNSS
provision.

Section 24 HMA vs
Section 144 BNSS

The distinction can be illustrated as follows:

The choice of remedy should be made after examining the complete
circumstances.

Can
a Wife Claim Maintenance Even If She Is Earning?

Employment does not automatically defeat every maintenance claim.

The important question is whether the applicant’s actual income and
resources are sufficient in the circumstances.

The Supreme Court’s maintenance jurisprudence has consistently
distinguished between:

ability to earn

and

actual sufficient income.

A spouse cannot necessarily be denied maintenance merely because they
are qualified, employable or earning some amount.

The court may examine:

• actual monthly income;

• regularity of income;

• employment stability;

• personal expenses;

• dependent children;

• medical expenses;

• housing costs;

• standard of living;

• respondent’s income and resources.

actual monthly income;

regularity of income;

employment stability;

personal expenses;

dependent children;

medical expenses;

housing costs;

standard of living;

respondent’s income and resources.

The question is whether the applicant has sufficient independent
means within the applicable statutory framework.

Does
a Working Wife Automatically Lose Maintenance?

No.

The fact that a wife is employed is relevant, but it is not an
automatic statutory bar to maintenance.

The court may consider the actual income and whether it is sufficient
to maintain her in the circumstances.

A 2025 decision applying the Section 144 BNSS framework reiterated
that merely earning or being capable of earning does not automatically
extinguish a wife’s maintenance claim; the court must examine whether
she can reasonably maintain herself in the circumstances.

The same principle should not, however, be converted into an
assumption that every working spouse is automatically entitled to
maintenance.

The financial evidence remains decisive.

What
Factors Do Courts Consider While Fixing Interim
Maintenance?

There is no universally prescribed mathematical formula.

The court may consider:

1. Income of both parties.

2. Salary and business income.

3. Assets.

4. Liabilities.

5. Existing loans.

6. Dependent parents.

7. Dependent children.

8. Housing expenses.

9. Medical expenses.

10. Educational expenses.

11. Lifestyle and standard of living.

12. Reasonable needs.

13. Tax liabilities.

14. Business interests.

15. Investments.

16. Foreign income or assets where relevant.

17. Existing maintenance orders.

18. Previous financial disclosures.

19. Conduct relevant to disclosure.

20. Other circumstances affecting the parties’ actual financial
    position.

Income of both parties.

Salary and business income.

Assets.

Liabilities.

Existing loans.

Dependent parents.

Dependent children.

Housing expenses.

Medical expenses.

Educational expenses.

Lifestyle and standard of living.

Reasonable needs.

Tax liabilities.

Business interests.

Investments.

Foreign income or assets where relevant.

Existing maintenance orders.

Previous financial disclosures.

Conduct relevant to disclosure.

Other circumstances affecting the parties’ actual financial
position.

The Supreme Court in Rajnesh v. Neha specifically laid down
structured guidelines for determining maintenance and obtaining
financial disclosure.

Is
There a Fixed Percentage of Salary as Maintenance?

There is no universal statutory formula under Section 24 HMA that
automatically awards a fixed percentage of salary.

Statements such as “maintenance is always 25% of income” should
therefore be treated cautiously.

The court evaluates the particular financial circumstances.

A reasonable amount should balance:

claimant’s genuine needs + respondent’s capacity + dependent
obligations + available resources + overall circumstances.

The object is not to punish the higher-earning spouse.

Nor is the object to reduce the financially weaker spouse to
destitution.

What Is the
Rajnesh v. Neha Affidavit?

In Rajnesh v. Neha, the Supreme Court directed parties in
maintenance proceedings to file an affidavit of disclosure of assets and
liabilities in the prescribed format.

The Court developed a uniform disclosure approach because maintenance
litigation can otherwise become difficult when parties provide
incomplete or inconsistent information about:

• salary;

• business income;

• investments;

• properties;

• bank accounts;

• liabilities;

• expenditure;

• dependants;

• financial interests.

salary;

business income;

investments;

properties;

bank accounts;

liabilities;

expenditure;

dependants;

financial interests.

The Supreme Court’s directions apply to maintenance proceedings and
include pending proceedings, subject to the directions of the Court.

This makes financial disclosure a central part of modern maintenance
litigation.

What Information
Should Be Disclosed?

The exact affidavit requirements depend on the applicable format and
circumstances, but a party should be prepared to provide reliable
information concerning:

Income

• Salary.

• Professional income.

• Business income.

• Rental income.

• Interest.

• Dividends.

• Other recurring receipts.

Salary.

Professional income.

Business income.

Rental income.

Interest.

Dividends.

Other recurring receipts.

Assets

• Residential property.

• Commercial property.

• Land.

• Vehicles.

• Bank deposits.

• Investments.

• Shares.

• Mutual funds.

• Business interests.

Residential property.

Commercial property.

Land.

Vehicles.

Bank deposits.

Investments.

Shares.

Mutual funds.

Business interests.

Liabilities

• Home loans.

• Vehicle loans.

• Business loans.

• Credit facilities.

• Other genuine financial obligations.

Home loans.

Vehicle loans.

Business loans.

Credit facilities.

Other genuine financial obligations.

Expenditure

• Rent.

• Education.

• Healthcare.

• Household expenditure.

• Insurance.

• Loan repayment.

• Child-related expenses.

Rent.

Education.

Healthcare.

Household expenditure.

Insurance.

Loan repayment.

Child-related expenses.

The objective is transparent assessment rather than strategic
understatement.

What Happens If a
Party Hides Income?

Failure to make truthful financial disclosure can seriously affect a
maintenance case.

A court may compare the affidavit with:

• salary slips;

• income-tax records;

• bank statements;

• company filings;

• property records;

• loan statements;

• social-media evidence;

• lifestyle indicators;

• business records;

• other documentary evidence.

salary slips;

income-tax records;

bank statements;

company filings;

property records;

loan statements;

social-media evidence;

lifestyle indicators;

business records;

other documentary evidence.

Where deliberate concealment is established, the court can draw
appropriate conclusions within the applicable procedural and evidentiary
framework.

The party seeking maintenance should therefore not rely solely upon
the respondent’s affidavit where there are credible reasons to believe
that material income or assets have been omitted.

Can a Court
Consider Business Income?

Yes.

A person cannot necessarily establish their financial capacity merely
by producing a low salary from a closely held business.

Where the respondent is a business owner, professional or
self-employed person, the court may examine the broader financial
picture.

Relevant material may include:

• company records;

• partnership interests;

• proprietorship income;

• dividends;

• drawings;

• bank statements;

• tax returns;

• financial statements;

• business assets;

• related-party transactions.

company records;

partnership interests;

proprietorship income;

dividends;

drawings;

bank statements;

tax returns;

financial statements;

business assets;

related-party transactions.

However, company turnover should not automatically be treated as the
director’s personal income.

Corporate assets and personal assets remain legally distinct unless
the facts and applicable law establish otherwise.

What If the
Husband Claims He Has No Income?

A bare assertion of unemployment does not necessarily end the
enquiry.

The court may consider:

• educational qualifications;

• professional experience;

• business background;

• prior salary;

• employment history;

• age;

• health;

• actual earning capacity;

• assets;

• lifestyle;

• voluntary reduction of income.

educational qualifications;

professional experience;

business background;

prior salary;

employment history;

age;

health;

actual earning capacity;

assets;

lifestyle;

voluntary reduction of income.

The distinction between genuine inability to earn and deliberate
avoidance of earning can become important.

A person who deliberately suppresses or reduces income to defeat a
maintenance claim may face an adverse assessment.

What If the Husband
Has High Debt?

Loans and liabilities are relevant but do not automatically eliminate
maintenance.

The court must distinguish between:

• genuine essential liabilities;

• business liabilities;

• voluntary expenditure;

• personal luxury expenditure;

• liabilities undertaken after the maintenance dispute
  arose.

genuine essential liabilities;

business liabilities;

voluntary expenditure;

personal luxury expenditure;

liabilities undertaken after the maintenance dispute
arose.

The financial disclosure should therefore explain the nature and
purpose of each substantial liability.

Can the
Wife Claim Maintenance for Children?

Potentially, but the legal basis must be identified.

Child maintenance can arise under several statutory frameworks
depending upon the circumstances.

Section 24 HMA concerns maintenance pendente lite for a
party to the matrimonial proceeding.

Separate provisions may govern the maintenance of children.

Section 144 BNSS also contains a statutory framework for maintenance
of children.

The court should therefore identify whether the application
concerns:

• spouse’s maintenance;

• child’s maintenance;

• both;

• educational expenses;

• medical expenses;

• other child-related costs.

spouse’s maintenance;

child’s maintenance;

both;

educational expenses;

medical expenses;

other child-related costs.

Can
Maintenance Be Claimed in Multiple Proceedings?

Potentially, but overlapping maintenance claims require
disclosure.

This is one of the important issues addressed by Rajnesh v.
Neha.

A party who has already obtained or sought maintenance under another
statutory provision should disclose the earlier proceeding and
order.

The purpose is to avoid:

• double recovery;

• inconsistent orders;

• concealment of earlier awards;

• unnecessary duplication.

double recovery;

inconsistent orders;

concealment of earlier awards;

unnecessary duplication.

The existence of multiple proceedings does not necessarily mean that
every claim is barred.

The court must examine the statutory basis and adjust the overall
financial relief appropriately.

What
If Maintenance Is Already Granted Under Another Law?

The existing order should be disclosed.

For example, a spouse may have proceedings under:

• Section 24 HMA;

• Section 144 BNSS;

• Protection of Women from Domestic Violence Act;

• Hindu Adoption and Maintenance Act;

• another applicable personal-law or statutory framework.

Section 24 HMA;

Section 144 BNSS;

Protection of Women from Domestic Violence Act;

Hindu Adoption and Maintenance Act;

another applicable personal-law or statutory framework.

The interaction between the proceedings must be examined rather than
assuming that each order operates independently without adjustment.

The Supreme Court’s maintenance guidelines specifically address
overlapping jurisdictions and disclosure.

Can a
Husband Also Claim Interim Maintenance?

Yes, under Section 24 HMA, where the statutory conditions are
satisfied.

The provision is gender-neutral in its wording.

A husband who lacks sufficient independent income for his support and
the necessary expenses of the proceeding may seek relief.

The court assesses the financial circumstances rather than assuming
that maintenance belongs exclusively to one gender.

Can
Interim Maintenance Be Claimed Before a Divorce Petition?

The answer depends upon the statutory provision being invoked.

Section 24 HMA is tied to proceedings under the Hindu Marriage
Act.

Section 144 BNSS operates as a separate summary remedy.

Other statutes may provide additional routes.

Therefore, the correct question is not simply:

“Can I claim maintenance before divorce?”

It is:

“Which statutory provision creates the maintenance right in
my circumstances, and what procedural conditions apply?”

From Which Date
Is Maintenance Payable?

The date from which maintenance should be awarded can materially
affect the total amount.

In Rajnesh v. Neha, the Supreme Court addressed the issue of
the date from which maintenance should ordinarily be awarded and
emphasised the importance of consistency and judicial reasons.

The exact date may depend upon:

• date of application;

• date of order;

• nature of proceeding;

• statutory framework;

• facts;

• judicial directions.

date of application;

date of order;

nature of proceeding;

statutory framework;

facts;

judicial directions.

The order should therefore be examined carefully.

How
Long Does an Interim Maintenance Application Take?

There is no universal timeline.

The duration can depend upon:

• court workload;

• completeness of affidavits;

• service;

• disclosure;

• objections;

• documentary evidence;

• complexity of income;

• business interests;

• multiple proceedings;

• interim applications.

court workload;

completeness of affidavits;

service;

disclosure;

objections;

documentary evidence;

complexity of income;

business interests;

multiple proceedings;

interim applications.

A straightforward salaried-income case may be easier to assess than a
case involving several companies, foreign assets, businesses and
disputed financial records.

A party should therefore prepare complete financial documentation at
the beginning.

Can an
Interim Maintenance Order Be Modified?

Potentially.

If there is a material change in circumstances, the applicable
statutory framework and the terms of the order should be examined.

Examples may include:

• substantial change in income;

• job loss;

• significant increase in income;

• serious medical condition;

• change in dependent obligations;

• changed custody arrangements;

• discovery of previously undisclosed income;

• other material financial changes.

substantial change in income;

job loss;

significant increase in income;

serious medical condition;

change in dependent obligations;

changed custody arrangements;

discovery of previously undisclosed income;

other material financial changes.

A party should not simply stop paying because circumstances have
changed.

The appropriate legal application should be considered.

What
Happens If Interim Maintenance Is Not Paid?

Non-payment can lead to enforcement proceedings.

The precise procedure depends upon the statute and the order.

A person against whom an order has been made should not assume that
an appeal or objection automatically suspends enforcement.

The order, appellate status and any stay must be checked.

The Supreme Court in Rajnesh v. Neha specifically addressed
enforcement of maintenance orders.

Evidence Checklist
for the Applicant

A spouse seeking interim maintenance should prepare:

• marriage certificate or marriage proof;

• details of the matrimonial proceeding;

• income information;

• bank records where available;

• rent documents;

• medical expenses;

• education expenses;

• children’s expense records;

• evidence of the respondent’s income;

• known property details;

• known business interests;

• previous maintenance orders;

• previous maintenance applications;

• loan and liability information;

• reasonable monthly expenditure statement.

marriage certificate or marriage proof;

details of the matrimonial proceeding;

income information;

bank records where available;

rent documents;

medical expenses;

education expenses;

children’s expense records;

evidence of the respondent’s income;

known property details;

known business interests;

previous maintenance orders;

previous maintenance applications;

loan and liability information;

reasonable monthly expenditure statement.

The claim should be realistic.

An unexplained demand for an extremely high amount may weaken the
presentation if the evidence does not support it.

Evidence
Checklist for the Respondent

A respondent should prepare:

• salary slips;

• income-tax returns;

• bank statements;

• employment documents;

• business financial statements;

• loan statements;

• medical expenses;

• dependent-parent expenses;

• child-related payments;

• existing maintenance orders;

• evidence of payments already made;

• evidence concerning the applicant’s income or assets where
  legitimately available.

salary slips;

income-tax returns;

bank statements;

employment documents;

business financial statements;

loan statements;

medical expenses;

dependent-parent expenses;

child-related payments;

existing maintenance orders;

evidence of payments already made;

evidence concerning the applicant’s income or assets where
legitimately available.

The respondent should not hide assets merely because the other party
has not yet discovered them.

Transparent disclosure is generally safer than an affidavit that
later proves materially inaccurate.

How
to Prepare a Strong Interim-Maintenance Application

Step 1:
Identify the statutory provision

Determine whether the claim arises under Section 24 HMA, Section 144
BNSS or another statute.

Step 2: Identify
the pending proceeding

For Section 24, establish the matrimonial proceeding in which the
application is being made.

Step 3: Prepare
financial disclosure

Use the applicable disclosure format and provide complete
information.

Step 4:
Calculate reasonable monthly needs

Separate essential expenditure from discretionary expenditure.

Step
5: Identify the respondent’s financial capacity

Use reliable documentary evidence.

Step 6: Disclose
existing proceedings

Mention other maintenance claims and orders.

Step 7:
Calculate litigation expenses separately

Explain why the requested amount is required.

Step 8: Attach
supporting documents

Do not rely exclusively on assertions.

Step 9: Address likely
objections

Anticipate arguments concerning employment, income, assets, voluntary
separation, previous payments and existing orders.

Step 10: Seek a reasoned
order

The court should be given sufficient information to make a reasoned
assessment of the appropriate amount.

How to
Defend an Interim-Maintenance Application

A respondent should avoid simply arguing:

“She can work.”

A stronger defence addresses the evidence.

For example:

• actual applicant income;

• applicant’s assets;

• applicant’s business interests;

• existing financial support;

• respondent’s genuine liabilities;

• respondent’s dependent obligations;

• previous payments;

• previous maintenance orders;

• statutory disentitlement, if applicable;

• inaccuracies in the applicant’s disclosure.

actual applicant income;

applicant’s assets;

applicant’s business interests;

existing financial support;

respondent’s genuine liabilities;

respondent’s dependent obligations;

previous payments;

previous maintenance orders;

statutory disentitlement, if applicable;

inaccuracies in the applicant’s disclosure.

The court should be given a complete financial picture.

Common Mistakes

Hiding income

This can seriously damage credibility.

Inflating expenses

Every expense should have a reasonable basis.

Treating
company turnover as personal income

Corporate turnover is not automatically the director’s personal
income.

Ignoring existing
maintenance orders

Previous proceedings should be disclosed.

Assuming
employment ends entitlement

Actual income and sufficiency remain important.

Assuming
unemployment ends liability

The court can examine capacity, qualifications and circumstances.

Filing incomplete
disclosure

Incomplete financial information can delay determination.

Stopping payment
without legal advice

An existing order should be complied with unless legally modified,
stayed or otherwise dealt with by the competent court.

Frequently Asked
Questions

What
is interim maintenance under Section 24 of the Hindu Marriage
Act?

It is financial support that the court may grant during the pendency
of a qualifying matrimonial proceeding where the applicant lacks
sufficient independent income for support and the necessary expenses of
the proceeding.

Can a
husband claim interim maintenance from his wife?

Yes. Section 24 HMA is available to either spouse if the statutory
requirements are satisfied.

Does a
working wife automatically lose maintenance?

No. The court considers her actual income and whether it is
sufficient in the circumstances. Employment alone is not an automatic
bar.

Is
there a fixed percentage of the husband’s salary payable as
maintenance?

No universal statutory percentage applies to every Section 24
application. Courts consider the financial circumstances, needs, income,
liabilities and other relevant factors.

What is the
Rajnesh v. Neha affidavit?

It is the structured affidavit of disclosure of assets and
liabilities directed by the Supreme Court to improve transparency in
maintenance proceedings.

Can
maintenance be claimed under Section 144 BNSS during a divorce
case?

Potentially. Section 144 BNSS is a separate summary maintenance
mechanism. Its availability and interaction with matrimonial proceedings
must be examined according to the facts and applicable law.

Can
a spouse receive maintenance under more than one law?

Multiple statutory proceedings can exist, but they must be disclosed.
Courts can consider previous awards and overlapping claims to prevent
unjustified double recovery.

From what
date is interim maintenance payable?

The applicable date depends on the statutory framework, facts and
judicial order. The Supreme Court has issued guidance concerning the
date from which maintenance should be awarded.

Can an
interim-maintenance order be changed?

A modification may be possible where the applicable law permits it
and there is a material change in circumstances or another recognised
basis.

What if the
respondent hides income?

The court can examine the financial disclosure against available
documentary evidence. Material suppression can affect the court’s
assessment and credibility.

Important Supreme
Court Authorities

Rajnesh v. Neha, (2021)
2 SCC 324

This is the leading modern Supreme Court authority on maintenance
procedure.

The Court addressed:

• overlapping maintenance proceedings;

• disclosure of assets and liabilities;

• factors relevant to quantum;

• the date from which maintenance may be awarded;

• enforcement;

• uniform financial disclosure.

overlapping maintenance proceedings;

disclosure of assets and liabilities;

factors relevant to quantum;

the date from which maintenance may be awarded;

enforcement;

uniform financial disclosure.

The Court directed use of a structured affidavit to improve
transparency in maintenance litigation.

Shamima Farooqui v.
Shahid Khan

The Supreme Court emphasised that maintenance is not intended to
force a financially dependent spouse into destitution and that the court
must consider the circumstances of the parties.

Chaturbhuj v. Sita
Bai

The Supreme Court explained the social-justice purpose of maintenance
provisions and the significance of the wife’s ability to maintain
herself.

Shailja v. Khobbanna

The Supreme Court distinguished actual earning capacity from the mere
capability to earn while considering maintenance.

Reema Salkan v.
Sumer Singh Salkan

The Court considered the circumstances in which an able-bodied spouse
claims inability to earn and the relevance of earning capacity.

2025 Supreme
Court authority on Section 24 HMA

The Supreme Court in January 2025 considered the distinct statutory
nature of Section 24 HMA compared with the summary maintenance provision
under the CrPC, reinforcing the need to analyse the statutory basis of
each maintenance claim rather than treating all maintenance remedies as
identical.

Relevant Statutes

The Hindu Marriage Act expressly places Sections 24 and 25 within its
matrimonial-remedies framework. Section 144 BNSS has been in force since
1 July 2024.

Maintenance Decision
Framework

A practical assessment can be reduced to ten questions:

1. What matrimonial proceeding is pending?

↓

2. Which statute creates the maintenance right?

↓

3. Does the applicant satisfy the statutory eligibility
requirements?

↓

4. What is the applicant’s actual income?

↓

5. What assets and liabilities does each party
have?

↓

6. What is the respondent’s actual financial
capacity?

↓

7. Are children or dependent persons involved?

↓

8. Are there other maintenance proceedings or
orders?

↓

9. What reasonable monthly amount is supported by the
evidence?

↓

10. What litigation expenses and enforcement issues require
separate consideration?

This framework is more reliable than beginning with a
percentage-based calculation.

Internal-Link
Architecture

Article 11 should link to:

1. Article 10 — Contested Divorce on Mental Cruelty
   Anchor: contested divorce and matrimonial
   litigation

2. Existing /divorce/ pillar page
   Anchor: divorce proceedings in India

3. Existing family-law service page
   Anchor: family-law legal representation

4. Existing child-custody content
   Anchor: child custody and financial support

5. Future Article 12 — Hindu Coparcenary Property After
   Vineeta Sharma
   Anchor: family property rights

6. Relevant existing domestic-violence content
   Anchor: monetary relief in domestic-violence
   proceedings

Article 10 — Contested Divorce on Mental Cruelty
Anchor: contested divorce and matrimonial
litigation

Existing /divorce/ pillar page
Anchor: divorce proceedings in India

Existing family-law service page
Anchor: family-law legal representation

Existing child-custody content
Anchor: child custody and financial support

Future Article 12 — Hindu Coparcenary Property After
Vineeta Sharma
Anchor: family property rights

Relevant existing domestic-violence content
Anchor: monetary relief in domestic-violence
proceedings

Internal links should be contextual and should not repeatedly use the
exact same anchor text.

Cannibalisation
Control

The article should not compete with the existing
general /divorce/ page.

The existing page is a broad family-law/divorce gateway covering:

• divorce;

• custody;

• mediation;

• NRI matrimonial matters;

• maintenance generally;

• transfer petitions;

• family-law services.

divorce;

custody;

mediation;

NRI matrimonial matters;

maintenance generally;

transfer petitions;

family-law services.

Article 11 targets a substantially narrower intent:

How is interim maintenance assessed during matrimonial
proceedings, what evidence is required, what financial disclosures are
expected, and what factors determine quantum?

How is interim maintenance assessed during matrimonial
proceedings, what evidence is required, what financial disclosures are
expected, and what factors determine quantum?

The article should therefore avoid becoming another generic “divorce
guide”.