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Maintenance Pendente Lite Is Maintainable at Revisional/Appellate Stage
A crisp breakdown of the Allahabad High Court’s view on Section 24 of the Hindu Marriage Act, 1955.
Key Holding
The Allahabad High Court has clarified that applications for maintenance pendente lite and litigation expenses under
Section 24, Hindu Marriage Act, 1955 are maintainable at the appellate, revisional, and restoration stages—not just at trial.
The phrase during the proceedings
extends until final adjudication.
In Ankit Suman v. State of U.P. & Another (2025), the Court held that Section 24 relief continues through higher stages; a stay or pendency before a higher forum does not extinguish the right to interim support.
Breaking Down the Term – Pendente lite (Higher Stages)
| Essentials | |
|---|---|
| Court | Allahabad High Court |
| Statute / Provision | Section 24, Hindu Marriage Act, 1955 |
| Literal Meaning | “While the litigation is pending.” |
| Court’s Clarification | “During the proceedings” covers trial, appeal, revision, and restoration. A stay/pendency in a higher forum does not erase the right to interim support. |
| Why It Matters | Section 24 is welfare-oriented; it ensures the financially weaker spouse can meaningfully participate throughout the litigation lifecycle. |
Practical Takeaways
- Section 24 relief continues at higher stages—maintenance and litigation expenses can be claimed during appeal, revision, or restoration.
- Need vs. capacity to pay is the decisive test, not the procedural posture of the case.
- Orders typically subsist until final disposal, unless expressly varied or vacated by the court.
Case Law Highlights (Allahabad HC & Persuasive Authorities)
- Ankit Suman v. State of U.P. & Another (2025, Allahabad HC) — Section 24 maintainable at appellate, revisional, and restoration stages.
- Kiran Bala Srivastava v. Jai Prakash Srivastava (Full Bench, Allahabad HC) — Section 24 orders are “judgments”, not merely interlocutory, and thus appealable.
- Smt. Anchal Goyal v. Parag Goyal (Allahabad HC) — Reaffirmed appealability/finality features of Section 24 orders.
- Arun Pandey v. Neha Pandey (Allahabad HC) — Upheld pendente lite maintenance and litigation expenses as reasonable/enforceable.
- Chitra Sengupta v. Dhruba Jyoti Sengupta (Calcutta HC, persuasive) — Section 24 relief maintainable even after final decree.
- S. Menaka v. K.S.K. Nepolian Socraties (Madras HC, contrasting) — Treated Section 24 orders as interlocutory (not appealable), though reviewable via writ/revision.
For Your Drafts
Use Ankit Suman to counter objections that Section 24 relief ends at trial. Position the relief as essential to access to justice—denying maintenance at higher stages would handicap the weaker spouse in pursuing legal remedies.
Source: Report of the Allahabad High Court ruling — “Proceedings For Maintenance Pendente Lite Maintainable Even At Revisional/Appellate Stage Under Hindu Marriage Act”.
That wraps up the breakdown of the Allahabad High Court’s view on Section 24 of the Hindu Marriage Act, 1955, clarifying that maintenance pendente lite is indeed maintainable even at the revisional and appellate stage.
For more insights on matrimonial law and evolving interpretations under the Hindu Marriage Act, subscribe to the blog — never miss a judgment that could redefine family law practice.
Do you agree with this progressive interpretation, or do you see challenges in its practical application? Share your thoughts in the comments — your perspective adds depth to the discussion.
– Anupama
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Written by: Anupama Singh | Legal Blogger
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