Section 24 of HMA

Source: Allahabad High Court

Why in News? 

A division bench of Justice Atul Sreedharan and Justice Vivek Saran of the Allahabad High Court, in Dr Garima Dubey and 3 Others v. Dr. Saurabh Anand Dubey (2026), held that courts are entitled to deny maintenance under Section 24 of the Hindu Marriage Act, 1955 to a qualified wife who, despite being capable of earning a substantial income through her professional expertise, deliberately refrains from doing so merely to impose a financial burden upon her husband. The Court dismissed the wife's first appeal, upholding the Family Court's order rejecting her plea for interim maintenance. 

What was the Background of Dr Garima Dubey and 3 Others v. Dr. Saurabh Anand Dubey (2026) Case? 

• The wife — a qualified Gynaecologist — filed an application under Section 24 HMA before the Family Court in Prayagraj seeking maintenance pendente lite from her husband, a Neurosurgeon. 
• The Family Court rejected her claim, noting from ITR records that she earned more than Rs. 31 lakhs per annum. However, the children's claim under Section 26 HMA was allowed, and the husband was directed to pay Rs. 60,000 per month towards their maintenance. 
• Before the Allahabad High Court, the wife contended that she was no longer working as she had been removed from the hospital following the filing of matrimonial proceedings by the husband. 
• She further argued that she was entitled to her husband's financial support to maintain the standard of living she had enjoyed prior to the separation. 
• The husband submitted that since his wife was a trained specialist Gynaecologist, she was entirely capable of earning more than him in the State of Uttar Pradesh and had no need for maintenance.

What were the Court's Observations? 

The Court made the following key observations: 

Earning Capacity as Determinative Factor: 

• The Court considered the wife's professional qualifications and specialist expertise as a Gynaecologist to conclude that she was fully capable of earning handsomely in her field. 
• Voluntary refusal to utilise professional qualifications and earning capacity, for the purpose of extracting maintenance, cannot be permitted to succeed under Section 24 HMA. 
• Where a qualified spouse is capable of earning sufficiently through her expertise and yet deliberately refrains from doing so to impose a burden upon the other spouse, courts can lawfully deny maintenance pendente lite. 

Upholding the Family Court's Order: 

• The Court found no infirmity in the Family Court's impugned order and held that it could not be faulted on either facts or law. 
• The first appeal filed by the wife was accordingly dismissed.

What is Section 24 of the Hindu Marriage Act, 1955? 

About:  

• Section 24 of HMA provides for maintenance pendente lite and expenses of proceedings. Maintenance is both a human and legal right.  
• The section ensures temporary maintenance to spouses during pending litigation. 

Meaning of Maintenance:  

• Financial support provided by fathers to children or husbands to wives for expenses and necessities of dependents.  
• Also known as alimony, it covers payments for living expenses. Maintenance is granted regardless of whether parties live together or divorce has been granted under Hindu Laws. 

Meaning of Pendente Lite:  

• "Pendente lite" means "pending the litigation" or "during the pendency of the case."  
• It governs interim maintenance for livelihood support and necessary expenses during proceedings under HMA when there is insufficient or no independent income. 

Meaning of Maintenance Pendente Lite:  

• Providing living expenses and financial support to wife and children while the suit is pending between parties.  
• The provision offers gender-neutral rights, allowing both husbands and wives to apply for this remedy. 

Provisions of Section 24 of the HMA:  

• When any spouse lacks independent income sufficient for litigation proceedings, courts may order respondents to pay petitioner's proceeding expenses and maintenance considering respondent's income.  
• Applications must be disposed of within 60 days from notice service date. 

Fundamentals of Section 24 of HMA: 

• Expenses of Proceedings: Covers expenses during pending HMA proceedings including lawyer fees, court fees, stamp duties, traveling expenses, and related expenditures. Ensures financially weaker spouses can participate effectively in legal processes without cost burden. 
• Discretion of the Court: Courts have discretionary power to grant maintenance pendente lite and expenses. This allows consideration of individual case circumstances for fair determination of maintenance amounts. Courts assess income sufficiency, assets, and needs of both parties. 
• Temporary Nature: Maintenance under Section 24 is temporary, providing financial support only during pending legal proceedings. Courts have discretion to decide final maintenance when concluding cases.