Maintenance — Section 24 HMA During Appeal · 15 July 2026
Wife Entitled to Interim Maintenance Under Section 24 HMA During Pendency of Appeal Against Divorce Decree
High Court of Delhi · 2026 LiveLaw (Del) 654; MAT.APP.(F.C.) 306/2025
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A Family Court had directed a husband, a serving Army officer, to pay interim maintenance to his wife at 30% of his gross salary during divorce proceedings under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act. After the Family Court granted the divorce in July 2025, the wife filed a statutory appeal against the decree and sought continuation of the interim maintenance. The husband opposed this, arguing that Section 24 of the Act applies only "during the proceeding" and ceases once a decree is passed, and that the wife's remedy thereafter lay in a separate application for permanent alimony under Section 25.
The Delhi High Court rejected that argument, holding that an appeal is a continuation of the same proceeding that began in the Family Court, and that Section 24's reference to "any proceedings under this Act" extends to the appellate stage. It distinguished a Supreme Court ruling the husband relied on, and rejected the argument that the wife's postgraduate qualification and past work experience by themselves disqualified her from receiving maintenance while not actually earning. The husband was directed to continue paying maintenance at the existing rate until the appeal is decided.
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