Short Marriage Cannot Bar Section 24 Relief

The Karnataka High Court at Bengaluru, per Dr. Justice K. Manmadha Rao, dealt with a challenge to the Family Court’s refusal to grant interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, 1955.

The wife had sought Rs.50,000 per month as interim maintenance and Rs.1,00,000 towards litigation expenses in M.C. No.2153/2024. The Family Court dismissed the application on the sole ground that the parties had lived together for only about 6 to 7 months, and therefore the wife was not entitled to Section 24 relief.

The High Court found that approach unsustainable. It reiterated that Section 24 is meant to provide financial support to a spouse who has no independent income sufficient for support and for the expenses of the proceeding. The provision is intended to ensure that an indigent spouse can maintain herself or himself and effectively prosecute or defend the matrimonial case.

The Court also noted that an application under Section 24 is decided through a summary enquiry. The discretion exercised by the court must be judicial, not arbitrary, and must be guided by the object of the statute. The judgment records that the quantum of maintenance may depend on factors such as the duration of the marriage, the means and conduct of the spouses, earning capacity, educational qualifications, children, and other reasonable needs. But duration of marriage is only one factor, not a standalone ground to deny relief.

On the facts before it, the High Court held that the Family Court had not followed the object and scope of Section 24 and had rejected the application without proper reasons. The impugned order dated 17.09.2025 was therefore set aside.

The matter was remanded to the Family Court for fresh consideration of the affidavits of assets and liabilities and other materials, with a direction to pass orders in accordance with law. The parties were directed not to seek adjournments and to cooperate in the expeditious disposal of the application, with appearance fixed before the Family Court on 10.06.2026.

Practical takeaway: In Section 24 HMA matters, a short marriage alone cannot justify denial of interim maintenance or litigation expenses.