Interim maintenance and litigation expenses (s.24 HMA)
A spouse with no sufficient income asks for monthly maintenance and case expenses while an HMA case is pending.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Principal Judge, Family Court, Shantipur
HMA Petition No. 88 of 2026
Versus
APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955, ON BEHALF OF THE RESPONDENT, FOR MAINTENANCE PENDENTE LITE AND THE EXPENSES OF THE PROCEEDINGS
Respectfully Showeth:
1.That the non-applicant's petition for divorce under Section 13 of the Act is pending between the parties before this Hon'ble Court, in which the applicant is the respondent.
2.That the parties were married on 14-02-2021, and have been living separately since 01-06-2024. The children of the marriage: a daughter aged 4, who lives with the applicant.
3.That the applicant has no independent income sufficient for her support and for the necessary expenses of these proceedings. The applicant's present means are: she has no job or income of her own and depends on her parents.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The main case: its number and year, the court, the names of the parties and the next date
- Your affidavit of assets, liabilities, income and expenditure: see "Affidavit of assets and liabilities (maintenance cases)"
- Proof of your own income (or that you have none) and of the monthly needs: rent, school fees, medical bills
- Proof of the other spouse's work, income and property, as far as you have it: salary slips, income-tax returns, business or land records (jamabandi)
- Birth certificates of the children, if any (photocopies)
- A copy of any maintenance order in another case between you
Where to go
Filed through your advocate in the same Family Court where the main petition is pending, under its number; notice goes to the other spouse, who files a reply and an affidavit in the same format.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- The law asks the court to decide it, as far as possible, within 60 days of notice to the other spouse.
- Husband or wife may claim it; an amount ordered in another case is usually adjusted, not paid twice.
- Give true figures: the court compares both affidavits, and a false or incomplete one can lead to perjury proceedings.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.