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Hindu Marriage Act · 24

Maintenance Pendente Lite (During Court Proceedings)

Understanding the issue

During divorce or other court proceedings, if one spouse has no income, the court can order the other spouse to pay for living expenses and legal costs.

Punishment

Court-ordered maintenance payments

Examples

  • Wife has no job and is fighting a divorce case. She can ask the court for maintenance during the proceedings.

The section as enacted

Where in any proceeding, it appears that either the wife or the husband has no independent income sufficient for support, the court may order the respondent to pay maintenance.