KSLU Corner™ New AIBE previous QP

maintenance pendente lite

Latin · pen-DEN-tay LEE-tay · Family and succession

Meaning. Interim maintenance and litigation expenses paid to a spouse while a matrimonial case is pending.

Maintenance pendente lite is the support a court orders one spouse to pay to the other during the pendency of a matrimonial proceeding, along with the expenses of the case. It ensures that a spouse without independent income can live and contest the case on equal terms.

Under s.24 HMA either the husband or the wife can claim it, since the provision is gender-neutral. The application is meant to be decided quickly, ordinarily within sixty days of service of notice. It ends with the proceeding and is separate from permanent alimony under s.25.

Example

The wife, who had no income, was granted maintenance pendente lite of Rs 15,000 a month and Rs 25,000 towards litigation costs.

In Indian law

  • Section 24, Hindu Marriage Act, 1955
  • Section 36, Special Marriage Act, 1954

See also

maintenance · pendente lite · divorce

Read more in the study notes

← Back to the dictionary