Section 24 of the Hindu Marriage Act plays a crucial role in ensuring financial support for a spouse during ongoing divorce or separation proceedings. This provision allows one spouse to seek maintenance from the other, helping to maintain a basic standard of living while the case is pending. A family lawyer in Indore can provide expert guidance on how to navigate this process effectively.
What is Section 24 of the Hindu Marriage Act?
Section 24 allows a spouse to claim maintenance during the pendency of divorce or judicial separation proceedings. It ensures that the spouse who may not have sufficient income to support themselves can receive temporary financial assistance from the other party. This provision is especially important for women or dependent spouses who may be financially disadvantaged during legal proceedings.
Key Features of Section 24:
- Temporary Maintenance: The court grants financial support while divorce or separation proceedings are ongoing.
- Interim Relief: This maintenance helps maintain the status quo of the spouse’s lifestyle.
- Spousal Equity: It aims to prevent any unfair financial hardship on the dependent spouse during the litigation period.
Who Can File for Maintenance Under Section 24?
Any spouse involved in divorce or separation proceedings can file for maintenance under Section 24. However, it’s essential to show that the applicant spouse lacks sufficient income to support themselves during the ongoing case. A family lawyer in Indore can help assess your eligibility and file the necessary paperwork.
Eligibility Criteria:
- One spouse must be unable to financially support themselves during the divorce proceedings.
- The other spouse must have the financial capability to provide maintenance.
- The court considers both spouses’ financial status before granting maintenance.
How Does the Court Decide the Amount of Maintenance?
The court evaluates various factors before deciding the amount of maintenance, including:
- The financial condition and earning capacity of both spouses.
- The standard of living enjoyed during the marriage.
- The needs of the dependent spouse and children, if any.
Section 24 of the Hindu Marriage Act is a vital legal provision for providing financial relief during ongoing divorce proceedings. If you’re navigating such a situation, consulting a family lawyer in Indore can help you understand your rights and ensure that you receive fair support.
