Maintenance pendente lite | Civil Law for Judiciary Exams PDF Download

Maintenance Pendente Lite

• Maintenance pendente lite provides temporary financial support to a spouse during legal proceedings, such as divorce or marital disputes.
• The term "pendente lite" means "pending the litigation," ensuring the dependent spouse's daily expenses and standard of living are maintained until a final decision is made.
• Various laws like Section 24 of the Hindu Marriage Act, 1955 govern maintenance pendente lite, allowing courts to decide the amount based on financial standings, needs, and accustomed living standards.
• Expenses covered by maintenance can include accommodation, food, clothing, medical needs, and legal fees.

During ongoing litigation, maintenance pendente lite plays a crucial role in providing temporary financial assistance to spouses, ensuring their well-being until the legal process concludes.

Understanding Pendente Lite in Maintenance Cases in India

• Maintenance, in legal terms, refers to the financial aid provided to one of the parties involved in a legal dispute.
• The main aim of maintenance is to assist the dependent party in upholding their living standards, especially when they lack other sources of income.
• In India, the responsibility of offering maintenance typically rests on the husband, who is expected to support his wife, parents, and children if they are unable to sustain themselves.
• Ensuring that the child's standard of living remains consistent with their pre-separation conditions is of utmost importance.
• The amount designated for maintenance can be disbursed either through regular monthly payments or in a lump sum.
• Prior to granting maintenance, the Court evaluates the financial stability of the husband and takes into account the reasons cited by the wife for seeking separation.
• It's important to note that according to Section 24 of the Hindu Marriage Act, the husband can also claim maintenance if he proves to the Court that he is unable to support himself or maintain his living standards due to physical or mental health issues.
• Therefore, maintenance pendente lite acts as a legal provision to extend assistance to the financially vulnerable party during ongoing legal proceedings.

Statutory Provisions Concerning Pendente Lite

• Under Section 125 of the Code of Criminal Procedure (CrPC), a first-class magistrate has the authority to order an individual to provide a monthly allowance to their spouse, elderly parents, or legitimate or illegitimate child. This provision comes into play when the husband neglects his duty to maintain his spouse, especially if she is unable to support herself.
• If a husband insists on providing maintenance to his wife only if she lives with him, but she refuses, the magistrate will consider her reasons for refusal and support her decision. It's important to note that a wife engaged in adultery is not eligible to claim maintenance.
• Maintenance pendente lite is granted to the wife based on the husband's income, financial capacity, and other relevant factors. Interim maintenance is usually awarded within sixty days from the date of notice served to the respondent.
• The maintenance claim for all dependents must be a minimum of Rs 500 per month, although the magistrate has the discretion to grant a reasonable amount based on the circumstances.
• In the case of a minor daughter, the magistrate may order the father to contribute to her well-being until she reaches the age of majority. This allowance should be paid promptly following the magistrate's order.
• A woman can claim maintenance in various situations, such as when her husband marries another woman, deserts her, subjects her to cruelty, changes his religion, or ceases to be a Hindu.

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 prove their lack of independent income.
• The husband must establish his mental or physical incapacity to show the court that he cannot earn and support himself.
• The Court can provide two specific reliefs:
  • Maintenance Pendente Lite: Temporary maintenance awarded to the financially dependent party during the divorce proceedings to sustain basic needs and a reasonable standard of living.
  • Legal Expenses: The Court can grant a sum of money to cover the legal expenses incurred by the party during the legal battle, ensuring fair legal representation.
• These reliefs aim to address financial disparities and hardships faced by the dependent party during the legal process, with the Court making decisions based on fairness and equity.

Monthly Allowance During Legal Proceedings

• Section 24 of the Hindu Marriage Act, 1955, allows for maintenance pendente lite which covers expenses related to legal proceedings.
• Expenses may include travel costs, lawyer's fees, clerical charges, and other relevant expenses incurred during the legal process.
• Court cannot deny the grant of proceedings and interim maintenance expenses under this provision.
• Both spouses, the wife and the husband, have the right to seek maintenance for themselves or their child.
• Maintenance is granted if one party can prove their lack of income to meet basic daily expenses.
• Under Section 36 of the Special Marriage Act, 1954, only the wife can claim maintenance by proving her indigence or financial incapacity.

Case Example: Rani Sethi v. Sunil Sethi (2011)

• An appellant (husband) sought maintenance from his wife, claiming she was financially independent due to her business.
• The husband was thrown out of the house, and his belongings were given to him in Court.
• The couple had adult children. The Court ruled that the wife had to pay Rs. 20,000 per month as maintenance and additional litigation expenses.
• A car was provided for their use by the Court.

Who can claim maintenance pendente lite?

Wife

• A wife is eligible to claim maintenance from her husband if she is financially dependent, unable to sustain herself, or has children to support. However, she cannot claim maintenance if she is living in adultery, refuses to live with her husband without valid reasons, or if both spouses have agreed to separate.

Children

• Both legitimate and illegitimate children, whether married or unmarried, have the right to claim maintenance if they are incapable of supporting themselves. The Hindu Marriage Act's Section 26 allows the Court to issue interim orders for the maintenance and education of minor children. Even after reaching adulthood, children can still claim maintenance. Nevertheless, a married daughter does not possess the right to claim maintenance.
• An illustrative case is that of Smt. Jasbir Kaur Sehgal v. District Judge (1997), where the wife contested the maintenance amount awarded to her, claiming that her husband, a retired army officer and former director in the Oil and Natural Gas Commission, had concealed his true income. The Supreme Court ruled in her favor, affirming her right to claim maintenance for herself and her unmarried daughter under Section 24 of the Hindu Adoption and Maintenance Act, 1956.

Aged Parents

• According to Section 20 of the Hindu Adoptions and Maintenance Act, elderly or infirm individuals incapable of supporting themselves can demand maintenance. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates that children and legal heirs provide maintenance to their aged parents, including food, shelter, clothing, and medical care.
• In the case of Dr. (Mrs.) Vijaya Manohar Arbat v. Kashi Rao Rajaram Sawai (1987), the respondent, unable to support himself and his wife after remarrying, sought maintenance from his son and daughter. The court ruled that both sons and daughters are responsible for maintaining their parents, as outlined in Section 125 of the Code of Criminal Procedure.

Husband

• Under Section 24 of the Hindu Marriage Act, a husband can claim maintenance if he can demonstrate his inability to earn or prove that he lacks the means to support himself. The husband bears the burden of proof, needing to convince the magistrate that he is unable to sustain his livelihood due to mental or physical disability, making him eligible to receive maintenance from his wife.

Maintenance Pendente Lite and Permanent Alimony

Maintenance Pendente Lite

• Section 24 of the Hindu Marriage Act, 1955, introduces Maintenance Pendente Lite, which offers financial assistance to a spouse who lacks means to support themselves during legal proceedings.
• It aims to prevent financial crises for the needy party during the litigation phase, ensuring they can maintain themselves.
• For instance, in the case of Chitra Lekha v. Ranjit Rai (1977), the court highlighted the provision's purpose to aid the indigent party.
• The court must dispose of applications for interim maintenance within 60 days from notice served to the party.

Permanent Alimony

• Section 25 of the Hindu Marriage Act, 1955, allows the court to grant maintenance and permanent alimony to either party after a decree is passed.
• It involves the court awarding a gross, periodic, or monthly sum based on the case's circumstances.
• For example, in Savitaben Somabhai Bhatiya v. the State of Gujarat (2005), the Supreme Court ruled on the entitlement to maintenance under specific conditions.
• The court exercises discretion when determining the amount based on the case's facts and circumstances.

Main Differences between Maintenance Pendente Lite and Permanent Alimony:

Landmark Case Laws on Maintenance Pendente Lite

• Gulab Chand v. Sampati Devi (1986):
  • In this case, the court granted maintenance to both the wife and her dependent children.
• Sandeep Kumar v. the State of Jharkhand and Another (2003):
  • The court awarded maintenance pendente lite to the wife after considering her financial situation, despite the husband's claims of her financial independence.
  • The court also allowed a specific amount for litigation costs and monthly maintenance.
• Smt. Kanchan W/O Kamelendra v. Kamalendra Alias Kamalakar (1992):
  • In this case, maintenance pendente lite was not granted to the husband as he was capable of earning and did not meet the criteria of being unable to support himself.
  • The court emphasized that granting maintenance to a person capable of earning would encourage idleness.

These cases demonstrate how Section 24 of the Hindu Marriage Act is applied by the courts and the factors considered in determining maintenance pendente lite.

Conclusion

• Maintenance pendente lite plays a pivotal role in family law by providing temporary financial assistance to a dependent spouse during legal proceedings like divorce or marital disputes.
• Its primary objective is to enable the dependent spouse to maintain a decent standard of living and meet their day-to-day expenses until a final resolution is reached.
• The court considers multiple factors, such as the financial circumstances and requirements of the individuals, to determine the amount of maintenance to be awarded.