Introduction

 

This case study examines a spousal maintenance petition filed before the Trivandrum Family Court under Section 24 of the Hindu Marriage Act, 1955. The wife sought interim maintenance and litigation expenses during the pendency of matrimonial proceedings. The case highlights the statutory scope of Section 24, the judicial tests applied to determine entitlement, and the court’s discretion in balancing the financial capacities of the parties. The judgment is often referred to by family court lawyers in Trivandrum, and the issues are commonly addressed by a divorce lawyer in Trivandrum.

Brief Facts of the Case

 

The petitioner (wife) and the respondent (husband) were married according to Hindu rites in 2018 at Thiruvananthapuram. After marriage, the couple resided in Bengaluru, where the marriage began to deteriorate on account of constant conflicts, allegations of physical and mental cruelty, and financial neglect.

In 2024, the wife returned to her parental home in Trivandrum and filed a petition for restitution of conjugal rights, followed by a petition under Section 24 HMA for interim relief.Upon legal consultation similar to that provided by family law lawyers near me, these steps were initiated. She alleged that:

  • She had no source of income after leaving her job post-marriage.
  • She was completely dependent on her aged parents for her livelihood.
  • The husband was financially sound and deliberately neglected to maintain her.
  • She lacked financial means to defend the matrimonial litigation and to meet daily living expenses.

The husband opposed the petition on the grounds that:

  • The wife was well-qualified, highly educated, and capable of earning.
  • She voluntarily deserted the matrimonial home without reasonable cause.
  • He was already under financial liabilities due to housing loan, family commitments and employment instability.

 

Issues for Determination

 

The Trivandrum Family Court was called upon to decide:

  1. Whether the petitioner was entitled to interim maintenance under Section 24 HMA during the pendency of proceedings?
  2. Whether the petitioner was entitled to litigation expenses?
  3. Whether the respondent’s financial obligations and liabilities could offset his statutory duty to maintain the spouse?

Legal Principles Applicable

 

Section 24 of the Hindu Marriage Act provides that:

Where either spouse has no independent income sufficient for support and necessary expenses of proceedings, the court may order the other spouse to pay monthly maintenance and litigation expenses, having regard to the income of both parties.

Judicial precedents emphasize:

  • Substantial disparity in income is a key factor for granting interim relief.
  • Ability to earn is not equivalent to actual earning.
  • The conduct of the parties is secondary; need and capacity are primary considerations.

Notable judicial references often cited by family court lawyers in Trivandrum include:

  • Manish Jain v. Akanksha Jain (2017) 15 SCC 801
  • Chaturbhuj v. Sita Bai (2008) 2 SCC 316

Such principles are often cited by divorce lawyer in Trivandrum while arguing interim maintenance petitions.

Arguments Presented by family court lawyers in trivandrum

 

Petitioner (Wife)

  • She sacrificed her career post-marriage on the insistence of the husband.
  • Lack of financial support forced her to depend on her parents.
  • Husband earns a substantial salary (₹1,10,000 per month) while intentionally withholding maintenance.
  • Requested:
    • ₹45,000 per month as interim relief
    • ₹65,000 as litigation expenses

Respondent (Husband)

  • Wife deserted the home without reasonable cause and is capable of sustaining herself.
  • He pays instalments on home loan and supports his aged parents, contentions typically addressed by divorce lawyer in Trivandrum. 
  • Requested dismissal of the petition or a nominal amount if the Court deems fit.

Court’s Analysis

 

After reviewing income affidavits, employment records and bank statements, the Court observed:

  • The petitioner was currently unemployed and financially dependent.
  • There was no evidence of actual income despite her qualifications.
  • The respondent's liabilities were genuine, but statutory duty to maintain his spouse prevails over voluntary expenditures.
  • Interim maintenance is not a penalty but a protective relief to ensure equal opportunity in litigation.Family law lawyers near me consistently rely on this principle in matrimonial disputes.

Judgment / Outcome

 

The Trivandrum Family Court partly allowed the petition. It ordered:

  • ₹20,000 per month as interim maintenance payable from the date of petition.
  • ₹45,000 towards litigation expenses payable in a single installment.
  • Arrears to be paid within 60 days.

The Court clarified that interim relief does not determine the final rights of the parties and will continue until the disposal of the main matrimonial petition.

Legal Opinion & Significance

 

This case reaffirms that:

  • Section 24 aims to create a financial balance between spouses during litigation.
  • Courts focus on actual financial capability and need, not on allegations of misconduct.
  • Equal participation in matrimonial litigation is a constitutional and statutory right, and monetary dependence must not prejudice legal representation.

The case also underscores the importance of income affidavits, transparency in financial disclosures and proportionality in assessing interim support. Factors routinely emphasized by family court lawyers in Trivandrum and family law lawyers near me.

Conclusion

 

The Trivandrum Family Court’s decision reflects a judicious application of Section 24 HMA ensuring that a financially dependent spouse is not denied legal redress due to lack of means. The case stands as a guiding precedent on equity, fairness, and economic protection in matrimonial litigation, especially in situations involving financial dominance by one spouse. This judgment is relevant for family court lawyers in Trivandrum in understanding the principles of interim maintenance under Section 24.

FAQ

1. What is a spousal maintenance petition under Section 24 of the Hindu Marriage Act?

A spousal maintenance petition under Section 24 seeks interim financial support for a spouse who lacks independent income. It also includes litigation expenses during the pendency of matrimonial proceedings.

2. Who is eligible to file an interim maintenance petition under Section 24 HMA?

Either spouse may file an interim maintenance petition if they have no independent income sufficient for their support and for meeting the expenses of litigation.

3. How does the court decide the amount of interim maintenance?

The court considers the income and financial capacity of both parties, the standard of living during marriage, and the actual need of the petitioner.

4. Can a spouse with the ability to earn still receive interim maintenance?

Yes, the ability to earn is not equivalent to actual earning. The court may grant maintenance if the spouse is currently unemployed or unable to earn.

5. What are litigation expenses under Section 24 HMA?

Litigation expenses include legal fees, court charges, and other necessary costs incurred during the matrimonial proceedings.

6. What factors can affect the court’s decision on maintenance?

The court considers income disparity, financial obligations, liabilities, and the petitioner’s financial dependence. It also examines the authenticity of financial disclosures.

7. Can a spouse refuse to pay maintenance by citing loans or liabilities?

No. A spouse’s liabilities do not override the statutory duty to maintain their spouse, although the court may consider them when determining the amount.

8. How do family court lawyers in Trivandrum assist in Section 24 cases?

Family court lawyers in Trivandrum help in drafting petitions and preparing income affidavits. They also assist in presenting evidence and arguing for fair interim relief during matrimonial disputes.

9. Is interim maintenance final and permanent?

No. Interim maintenance is a temporary relief and does not determine final rights. The final maintenance amount is decided after a full trial.

10. What role does a family court lawyer in Trivandrum play in ensuring fair litigation?

They help ensure accurate financial disclosure, proper documentation, and effective representation, enabling equal participation of both parties in matrimonial litigation.