Litigation expenses to wife

Courts generally allow the wife to contest the proceedings and hire the advocate on the expenses of the husband as per section 24 of Hindu Marriage Act. Section 24 of Hindu marriage Act, 1955 talks about ‘pendente lite’ expenses meaning, “while suit is pending” or “while litigation continues” meaning financial support to the spouse while suit is pending.

Section 24 of Hindu Marriage Act (HMA 1955)

If Court believes that either the husband or the wife has no source of independent income to provide for his or her support and required expenses of the proceedings then court on application of one spouse grant to other spouse:

1. Expenses of case proceedings
2. The monthly amount during such proceedings with regard to income of both the spouses

Other Law Provisions

Similarly section 36 of Special Marriage Act,talks about alimony during pendency of suit but it can only be claimed by the wife and does not apply to the husband.

Further, section 125 CrPC (Criminal Procedure Code 1973) also talks about interim maintenance which includes the litigation expenses as well 

Applicability

These provisions are applicable on:

1. Section 9- Conjugal rights
2. Section 10- Judicial Separation
3. Section 11- Void Marriages
4. Section 12- Voidable Marriages
5. Section 13- Divorce

Either party can claim the expenses let it be; husband or wife or child irrespective of which party started the proceedings.

The primary condition of the grant of interim maintenance is that one party does not have sufficient income to proceed with the litigation or to fulfil his or her routine expenses.  

Discretion of Court:

Courts have the discretion in passing an order regarding the interim maintenance that spouse is required to pay to others based on reasonable grounds.

In the case of Rajendran V. Gajalakshmi, Madras High Court held that interim maintenance u/s 24 of HMA should be a reasonable amount.

In Mukan Kuwar V. Ajit Chand, it was held “discretionary power of court must be based on sound legal principles and not on caprice and humour.”

When can application u/s24 be made?

The application for interim maintenance and litigation expenses can be filed anytime during the proceedings u/s 24 of HMA. In case the wife is the respondent, she can seek grant before her written statement is filed.

Supreme Court Landmark Judgement

Supreme Court ordered husband to bear litigation expenses of wife and on denial by husband the Apex  Court versed the situation in golden words, “While marrying you (men) look for an educated girls or those who were ins service and now when disputes arose you want to refuse maintenance on the ground that she is educated or in service. If you cannot accommodate an educated wife then you should not have married an educated wife, instead do not marry at all if you do not want to accommodate an educated girl.

You can anytime seek legal advice from Lead India’s lawyers who are well versed with such laws and judgements of High Courts and Supreme Courts where it was decided that litigation expenses shall be paid or not be paid by the opposite party.