Maintenance pendente lite
⚖️ Maintenance Pendente Lite
(Latin for “maintenance pending litigation”)
📘 Meaning
Maintenance pendente lite refers to the financial support awarded by the court to a spouse during the pendency (continuation) of matrimonial proceedings like divorce, judicial separation, annulment, or restitution of conjugal rights.
✅ It ensures that the financially weaker spouse can maintain themselves and/or children while the case is ongoing.
🔹 Legal Provisions in India
Under the Hindu Marriage Act, 1955
Section 24 – Maintenance Pendente Lite and Expenses of Proceedings
Either the husband or wife can claim maintenance.
The applicant must lack independent income sufficient for support.
The respondent must have sufficient means to provide support.
Under the Special Marriage Act, 1954
Section 36 provides similar provisions for couples married under this law.
Under the Parsi Marriage and Divorce Act, 1936
Section 39 provides for maintenance during the pendency of a suit.
Under Christian Law
Indian Divorce Act, 1869 allows interim maintenance under Section 36.
✅ Essentials to Claim Maintenance Pendente Lite
Pending Matrimonial Proceedings: Divorce, annulment, restitution, etc.
Applicant has no sufficient income to support themselves.
Respondent has sufficient means to pay.
Application is made to the family court with supporting documents.
💰 What Can Be Claimed?
Monthly maintenance amount
Litigation expenses (travel, legal fees, etc.)
Child maintenance, if applicable
⚖️ Court's Considerations Before Granting
Status and lifestyle of the parties
Reasonable needs of the applicant
Income, assets, and liabilities of both spouses
Number of dependents
Conduct of parties (though not always essential)
🕒 Duration
Payable only during the pendency of the proceedings.
Ends once:
Final decree is passed,
Case is withdrawn,
Parties reconcile.
🔄 Difference Between Pendente Lite and Permanent Maintenance
| Aspect | Pendente Lite | Permanent Maintenance |
|---|---|---|
| When Granted | During the legal proceedings | After final decree (divorce/separation) |
| Duration | Temporary – till case conclusion | Long-term or lifelong (subject to circumstances) |
| Law Section (HMA) | Section 24 | Section 25 |
📌 Example
If a wife has filed for divorce and has no independent income, she can file an application under Section 24 HMA for maintenance pendente lite. The husband, if earning, may be ordered to pay a reasonable monthly amount and litigation costs.
🧾 Documents Needed
Proof of income/lack of income
Details of ongoing matrimonial case
Expenses and liabilities
Affidavit of assets and income (as per court rules)
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