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“Pendente lite,” which refers to a pending legal suit or lawsuit, serves as a temporary measure provided by the Court to parties involved in the case. Typically, a hearing is scheduled within a few months after filing a complaint. This legal provision remains in effect until the final resolution of the case or matter. 

The underlying objective of this principle is to safeguard the rights of all parties involved. During the ongoing litigation process, the Court may grant temporary maintenance to ensure the financial well-being of the affected individuals.

In situations involving divorce, the concept of maintenance pendente lite is frequently employed to assist a spouse who lacks earnings or cannot sustain themselves throughout the legal proceedings. This temporary relief establishes financial support and determines parental rights and responsibilities.

What is maintenance pendente lite?

Maintenance pendente lite refers to temporary or interim maintenance granted to a spouse during a legal proceeding, typically a divorce or marital dispute. “Pendente lite” is a Latin term that means “pending the litigation.” Maintenance pendente lite ensures that the dependent spouse can meet their daily living expenses and maintain a reasonable standard of living throughout the legal proceedings until a final decision or settlement is reached.

Maintenance pendente lite is governed by various personal laws and statutes, such as Section 24 of the Hindu Marriage Act, 1955 or Section 36 of the Special Marriage Act, 1954, in India. The Court has the discretion to determine the amount of maintenance based on factors such as the parties’ financial status, their needs and the standard of living to which they are accustomed. The maintenance amount may cover expenses such as accommodation, food, clothing, medical needs and legal fees.

Application of pendente lite in case of maintenance in India

From a legal perspective, maintenance pertains to the financial support granted to either party involved in a dispute based on their application. The primary objective of maintenance is to assist the dependent party in maintaining their standard of living when they have no other means of income. In India, the responsibility of providing maintenance falls on the shoulders of the husband, who must support his wife, parents and child if they cannot sustain themselves. It is crucial to ensure that the child maintains the same standard of life as before the separation.

The amount of maintenance can be paid either in the form of monthly instalments or as a lump sum. Before awarding maintenance, the Court examines the husband’s financial stability and considers the grounds on which the wife seeks separation. It is also worth noting that under Section 24 of the Hindu Marriage Act, the husband can claim maintenance if he can demonstrate to the Court that he cannot support himself or maintain a standard of living due to physical or mental illness.

Therefore, maintenance pendente lite serves as a provision to grant assistance to the financially needy party during the legal proceedings.

Statutory provisions concerning pendente lite

Code of Criminal Procedure, 1973 

According to Section 125 of the Code of Criminal Procedure (CrPC), a first-class magistrate can order an individual to provide a monthly allowance to their spouse, elderly parents, or legitimate or illegitimate child. The application is registered when the husband refuses to maintain his spouse, who cannot support herself. Suppose the husband proposes to provide maintenance to his wife only if she lives with him, but she refuses. In that case, the magistrate will consider her grounds for refusal and support her decision. It is important to note that a wife engaged in adultery is not entitled to claim maintenance.

Maintenance pendente lite is granted to the wife based on the husband’s income, financial capability and other relevant factors. Interim maintenance is typically awarded within sixty days from the date of the notice served to the respondent. The maintenance claim for all dependents should be at least Rs 500 per month, although the magistrate can exercise discretion and grant a reasonable amount.

In the case of a minor daughter, the magistrate may issue an order requiring the father to contribute to her well-being until she reaches the age of majority. Such an allowance should be paid promptly following the date of the magistrate’s order. A woman can claim maintenance in various situations, such as when she discovers that her husband has married another woman, deserted her, subjected her to cruelty, changed his religion or ceased to be a Hindu.

A significant and contentious maintenance law case in India is the case of Mohd. Ahmed Khan v. Shah Bano Begum (1985). Shah Bano Begum and her husband married in 1932 and had three sons and two daughters. In 1975, her husband expelled her from their matrimonial home. In 1978, she filed for maintenance under Section 125 of the CrPC, seeking a monthly allowance of Rs 500. Her husband, a professional lawyer, contested the claim and stated that he had been paying her Rs 200 per month for the past two years. The Supreme Court delivered a landmark judgment in favour of Shah Bano Begum, affirming the absolute right of a Muslim woman to maintain. The Court held that Section 125 applies to all individuals, irrespective of gender, race, caste, religion and other considerations. It ruled that maintenance money akin to alimony should be paid to Shah Bano.

Hindu Marriage Act, 1955

Section 24 of the Hindu Marriage Act, 1955 grants both the wife and the husband the right to claim maintenance pendente lite when they can demonstrate their lack of independent income. However, the husband must establish his mental or physical incapacity to convince the Court that he cannot earn and support himself. The Court is vested with the authority to provide two specific reliefs to the party involved:

Maintenance Pendente Lite: The Court may award temporary maintenance to the financially dependent party during the pendency of the litigation. This ensures that the party can sustain their basic needs and maintain a reasonable standard of living throughout the divorce proceedings.

Legal Expenses: In addition to maintenance pendente lite, the Court has the power to grant a sum of money to cover the legal expenses incurred by the party during the ongoing legal battle. This enables the party to afford legal representation and ensure a fair and just legal process.

These reliefs aim to address the financial disparities and hardships faced by the dependent party during the legal proceedings. The Court carefully considers the financial circumstances of both parties and makes a decision based on the principles of fairness and equity.

Monthly allowance during the proceedings

Under Section 24 of the Hindu Marriage Act, 1955, the party seeking maintenance pendente lite is entitled to claim expenses related to the proceedings. These expenses may include travel costs, lawyer’s fees, clerical charges and other relevant expenses incurred during the legal process. The Court cannot deny the grant of proceedings and interim maintenance expenses under this provision.

The wife and the husband have the right to seek maintenance for themselves or their child. Maintenance will be granted if one party can demonstrate their lack of income to meet their basic daily expenses.

Maintenance pendente lite can also be sought under Section 36 of the Special Marriage Act, 1954, but in this case, only the wife can claim maintenance. She needs to prove her indigence or financial incapacity.

In the case of Rani Sethi v. Sunil Sethi (2011), the appellant (husband) filed an application seeking maintenance from his wife. The husband argued that the wife was running a business of paying guest hotels, indicating that she was financially independent and stable. The husband had been thrown out of the house, and his belongings were given to him in Court. The couple had a 26-year-old unmarried son and a 24-year-old unmarried daughter. The Court ruled that the respondent (wife) had to pay Rs. 20,000 per month as maintenance and Rs. 10,000 for litigation expenses. Additionally, the Court provided a sen car for their use.

Who can claim maintenance pendente lite?

The right to claim maintenance under various provisions of the acts is available to the wife, children and aged parents who cannot support themselves. However, the husband can claim maintenance only under Section 24 of the Hindu Marriage Act. The Court must be satisfied that the person who is neglecting or refusing to provide maintenance can support the others or has sufficient means to do so.

Wife

A wife can claim maintenance from her husband if she is not financially independent or unable to maintain herself, or has children to support. However, she cannot claim maintenance if she is living in adultery, denies living with her husband without an acceptable reason or if both parties have mutually agreed to separate.

Children

Legitimate or illegitimate children, whether married or unmarried, can claim maintenance if they cannot support themselves. Section 26 of the Hindu Marriage Act allows the Court to pass interim orders for the maintenance and education of minor children. Even after attaining the majority, children can claim maintenance. However, a married daughter does not have the right to claim maintenance.

In the case of Smt. Jasbir Kaur Sehgal v. District Judge (1997), the wife appealed against the judgment that awarded her maintenance at Rs. 1500 per month. The husband, a retired army officer and a former director in the Oil and natural gas commission, was accused by the wife of not disclosing his true assets and income. The wife claimed that a father must maintain his unmarried daughter, as stated in the Hindu Adoption and Maintenance Act, 1956. The Supreme Court held that the wife has the right to claim maintenance for herself and her unmarried daughter under Section 24 of the Hindu Adoption and Maintenance Act.

Aged Parents

Under Section 20 of the Hindu Adoptions and Maintenance Act, an aged or infirm person unable to support themselves can claim maintenance. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, imposes a legal obligation on children and legal heirs to provide maintenance to their aged parents, which includes food, residence, clothing and medical facilities.

In the case of Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987), the appellant, a medical practitioner, was the respondent’s daughter from his first wife. The respondent, after remarrying, claimed maintenance from both his son and daughter as he could not support himself and his wife. The daughter, who was married and financially independent, was demanded maintenance at Rs. 500. The Court held that both sons and daughters are obligated to maintain their parents. Section 125 of the Code of Criminal Procedure imposes this duty on both sons and daughters, and the term ‘his’ in this section does not exclude the parent’s right to claim maintenance from his daughter.

Husband

A husband can claim maintenance under Section 24 if he can prove his inability to earn or establish that he lacks sufficient means to support himself. The burden of proof lies on the husband to satisfy the magistrate that he cannot sustain his livelihood due to mental or physical disability, thereby qualifying him to receive maintenance from his wife.

Maintenance pendente lite and permanent alimony 

Maintenance pendente lite and permanent alimony are important aspects of matrimonial law in India.

Maintenance Pendente Lite:

Maintenance pendente lite, as provided under Section 24 of the Hindu Marriage Act, 1955, is granted when the Court determines that the claimant cannot maintain themselves. This provision allows the Court to provide financial assistance to the spouse who lacks the means to support themselves during the legal proceedings. The Court has the power to award maintenance and the expenses of the proceedings. According to the proviso of this section, the application for expenses and interim maintenance should be disposed of within 60 days from the date of notice served to the party.

In the case of Chitra Lekha v. Ranjit Rai (1977), it was emphasised that the purpose of Section 24 is to provide financial aid to the indigent party so that they can maintain themselves during the pendency of the litigation and not suffer due to financial crises.

Permanent Alimony:

Section 25 of the Hindu Marriage Act, 1955, empowers the Court to award either party the right to claim maintenance and permanent alimony. This provision allows for the granting of alimony when any decree is passed. The Court can award a gross, periodic, or monthly sum per the case circumstances.

In the case of Savitaben Somabhai Bhatiya v. the State of Gujarat (2005), the Supreme Court held that if a marriage is void of bigamy, the wife is not entitled to maintenance under the Hindu Marriage Act.

It is important to note that the Court exercises its discretion in determining the amount of maintenance or alimony based on the facts and circumstances of each case, ensuring that justice is served and the needs of the parties involved are considered.

Here’s a table showcasing the main differences between Maintenance Pendente Lite and Permanent Alimony:

Maintenance Pendente LitePermanent Alimony
Applicable LawSection 24 of the Hindu Marriage Act, 1955Section 25 of the Hindu Marriage Act, 1955
PurposeProvide financial assistance during litigationProvide long-term financial support after the decree
Time of AwardDuring the pendency of the legal proceedingsAt the time of passing the decree of divorce or separation
Nature of AwardInterim maintenance and expenses of proceedingsPermanent financial arrangement
Awarded AmountCan be determined based on the financial needs of partyCan be a gross sum, periodical sum or monthly sum
DurationOnly applicable during the litigation periodCan be granted for a specified period or lifelong
Factors ConsideredFinancial capability of the party seeking maintenanceFinancial capability, standard of living and other factors

Landmark case laws on maintenance pendente lite 

In Gulab Chand v. Sampati Devi (1986), the wife applied to the Court for maintenance and was granted maintenance for herself and her minor children, who were living with her and dependent upon her. In such cases, the Court held that maintenance could be awarded to both the spouse and the children.

In Sandeep Kumar v. the State of Jharkhand and Another (2003), the husband challenged a court order in favour of his wife, claiming that she was financially independent and running a music school. The wife disputed this, stating that she only helped her sister-in-law with the music centre and was not employed there. The Court awarded maintenance pendente lite to the wife, considering her financial situation and allowed a specific amount for litigation costs and monthly maintenance.

In Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992), the husband sought maintenance from his wife, claiming he was unemployed and idle. On the other hand, the wife was employed and had to support their child. The Court held that maintenance pendente lite would not be granted to the husband as he did not meet the criteria of being mentally or physically disabled and unable to support himself. Granting maintenance to a person capable of earning would promote idleness.

These cases highlight the application of Section 24 of the Hindu Marriage Act and the factors the Court considers in determining maintenance pendente lite.

Conclusion 

Maintenance pendente lite is a crucial aspect of family law that provides temporary financial support to a dependent spouse during the pendency of a legal proceeding, such as a divorce or marital dispute. It aims to ensure that the dependent spouse can maintain a reasonable standard of living and cover their day-to-day expenses until a final decision or settlement is reached. The Court determines the of maintenance based on factors such as the financial circumstances and needs of the parties involved.


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