Maintenance Pendente Lite Under Section 24 HMA Continues During Pendency of Statutory Appeal

The parties married on 10.12.2012 and have lived separately since 22.05.2015.

The Respondent, an Army officer, sought divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (HMA).

During the trial, the Family Court granted the Appellant (wife) interim maintenance under Section 24 of the HMA, directing 30% of the Respondent’s gross salary be deducted.

This maintenance order was upheld by the High Court in a prior appeal.

On 19.07.2025, the Family Court granted a divorce decree.

The wife appealed the decree and filed CM APPL. 53180/2025 seeking the continuation of the interim maintenance during the pendency of the appeal.

The Supreme Court, in SLP (C) No. 34613/2025, granted her liberty to urge this prayer before the High Court.

1. Whether interim maintenance granted under Section 24 of the HMA during a trial continues to operate or can be renewed during the pendency of an appeal filed under Section 19 of the Family Courts Act.

The Court applied Section 24 of the HMA, which empowers courts to grant maintenance pendente lite "during the proceeding".

It relied on the procedural principle that an appeal is a "continuation of the suit," as established in Jagdish Singh v. Madhuri Devi.

The court adopted the reasoning from Hansaben v. Ashwinkumar Kacharabhai Patel, which held that the phrase "any proceeding under this Act" includes appellate proceedings, thereby granting the Appellate Court jurisdiction to award maintenance under Section 24.

The court also distinguished Shallja v. Khobanna, noting that a spouse's "capability" to earn is not equivalent to "actual earning" for the purpose of denying maintenance.

The Court rejected the Respondent’s contention that Section 24 is limited to the trial court stage.

It reasoned that because an appeal is legally a continuation of the original matrimonial proceeding, the litigation remains "pending" until appellate remedies are exhausted.

Consequently, the term "during the proceeding" in Section 24 encompasses the appellate stage.

The Court distinguished the Respondent's reliance on Sukhdev Singh v. Sukhbir Kaur, clarifying that while Section 25 HMA is the remedy for permanent alimony post-decree, it does not bar the continuation of Section 24 interim maintenance during an appeal against that decree.

Regarding the wife's employability (MBA graduate), the Court held that since this issue was already adjudicated and affirmed in previous maintenance proceedings between the same parties, it could not be re-agitated.

The Court directed the Respondent’s employer to continue deducting 30% of his gross salary (minus statutory deductions) and remit it directly to the Appellant effective from 25.08.2025 (the date of filing the appeal) until the final disposal of the appeal.

The Court clarified that the wife's pending application for permanent alimony under Section 25 HMA remains independent and unaffected by this order.