Section 24 HMA: current legal position
Section 24 applies during proceedings under the Hindu Marriage Act. It permits either the wife or the husband to seek reasonable litigation expenses and monthly maintenance during the proceeding when the applicant does not have independent income sufficient for support and the necessary expenses of the case.
Maintenance proceedings also require proper financial disclosure. The Supreme Court's decision in Rajnesh v. Neha, (2021) 2 SCC 324, laid down uniform guidance on disclosure of assets, income and liabilities and on assessment of maintenance. Courts continue to apply those principles. The precise affidavit/disclosure form and filing requirements should be checked against the rules and directions applicable to the court concerned.
Legal position reviewed: 30 August 2026.
Sample Affidavit Format
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / COMPETENT COURT AT
I.A. / C.M.A. NO. OF 20
IN
MATRIMONIAL PETITION NO. OF 20
IN THE MATTER OF:
VERSUS
AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955
I, , son/daughter/wife of , aged about years, presently residing at , do hereby solemnly affirm and state as follows:
1. I am the applicant in the accompanying application under Section 24 of the Hindu Marriage Act, 1955 and am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.
2. I have read and understood the accompanying application. The statements made therein are true and correct to my knowledge and belief, except those based on records or legal advice, which I believe to be true.
3. The marriage between the parties was solemnised on at according to Hindu rites and ceremonies / as stated in the main matrimonial proceeding.
4. The matrimonial proceeding bearing No. is presently pending before this Hon'ble Court.
5. I do not have independent income sufficient for my reasonable support and for meeting the necessary expenses of the pending proceeding. My present income, if any, is approximately ₹ per month from .
6. My reasonable monthly expenses, liabilities and dependants include the following: residence/household expenses ₹ ; food and utilities ₹ ; medical expenses ₹ ; children's/dependants' expenses ₹ ; travel and other necessary expenses ₹ .
7. To the best of my knowledge, the respondent is employed / engaged in business or profession as and has income from salary, business, profession, property, investments and/or other sources. The particulars presently known to me are set out in the accompanying application and supporting documents.
8. I require a sum of ₹ per month as maintenance pendente lite and ₹ towards litigation/proceeding expenses, or such other amount as this Hon'ble Court considers just and reasonable after considering the income, assets, liabilities and circumstances of both parties.
9. I shall file, and/or have filed, the applicable affidavit or statement disclosing assets, income, expenditure and liabilities in accordance with the directions governing maintenance proceedings and the practice of this Hon'ble Court.
10. It is therefore just and necessary that the accompanying application under Section 24 of the Hindu Marriage Act, 1955 be allowed in the interests of justice.
DEPONENT
VERIFICATION
I, the above-named deponent, verify that the contents of paragraphs 1 to of this affidavit are true and correct to my knowledge and belief, and that no material fact has been knowingly concealed.
Verified at on this day of , 20 .
DEPONENT
Attestation: To be completed in the manner required by the competent court and applicable rules.
Text and effect of Section 24
Maintenance pendente lite and expenses of proceedings. Where, in a proceeding under the Hindu Marriage Act, the court finds that either spouse lacks sufficient independent income for support and the necessary expenses of the proceeding, the court may order the respondent to pay reasonable proceeding expenses and a monthly sum during the case, after considering the applicant's own income and the respondent's income.
The proviso contemplates disposal of the application, as far as possible, within sixty days from the date of service of notice on the other spouse.