pendente lite

The phrase describes anything that happens or is ordered during the pendency of a case. Common uses: interest pendente lite (interest from the date of suit to the date of decree, which the court may award under section 34 CPC); maintenance pendente lite (interim maintenance to a spouse during matrimonial proceedings under section 24 of the Hindu Marriage Act); and transfer pendente lite.

The last is governed by the doctrine of lis pendens in section 52 of the Transfer of Property Act: property in dispute in a pending suit cannot be transferred so as to affect the rights of the other party under the eventual decree. The purchaser pendente lite is bound by the result.

Example

A purchaser pendente lite takes the property subject to the decree, under the doctrine of lis pendens.

In Indian law

• s.52, Transfer of Property Act, 1882 (lis pendens)
• s.34, Code of Civil Procedure, 1908 (interest)
• s.24, Hindu Marriage Act, 1955 (maintenance pendente lite)

See also

lis pendens · maintenance pendente lite · ad interim

Read more in the study notes

• Interest and costs (sections 34, 35, 35A and 35B) (Civil Procedure Code and Limitation Act)
• Death, marriage and insolvency of parties; withdrawal and compromise of suits (Civil Procedure Code and Limitation Act)
• The plaint: contents and a model suit for recovery of money (Drafting, Pleading and Conveyance)
• Maintenance, alimony and dowry prohibition (Family Law I - Hindu Law)
• The Indian Divorce Act, 1869: dissolution, nullity and judicial separation (Family Law II - Mohammedan Law)
• Doctrine of lis pendens (Property Law)