Interim maintenance can’t be rejected on belief that applicant not likely to succeed: Karnataka High Court

Bengaluru: The family court cannot refuse to grant interim maintenance and expense of proceedings under section 24 of the Hindu Marriage Act solely on the ground/belief of the court that the applicant is not likely to succeed in the dispute, the high court of Karnataka said while setting aside an order of a family court in Bengaluru.

The wife had filed an application before the family court seeking Rs 50,000 per month as interim maintenance and Rs 1 lakh as litigation costs under section 24 of the Hindu Marriage Act. It is contended that the wife is studying BCom, unemployed and that the husband works as an accountant in Dubai and is earning Rs 8 lakh per month. On the other hand, the husband submitted that the wife is gainfully employed and she is financially stable. It was further submitted that the wife refused to join the matrimonial home in Dubai despite his repeated requests.

On September 17, 2025, the family court dismissed the wife’s application observing that the husband and wife lived together only for about sic to seven months and hence, the wife was not entitled to seek interim maintenance and litigation expenses. The wife challenged this order before the high court.

Justice K Manmadha Rao noted that the primary objective of maintenance pendente lite and litigation expenses under the Hindu Marriage Act, is to provide financial support to the claimant spouse, enabling them to maintain themselves and sustain the legal proceedings. While adjudicating an application under section 24, the family court exercises its discretion in passing an order regarding the interim maintenance amount that a spouse may be required to pay to the other based on reasonable grounds, the court said.

“It is also pertinent to note that the Court’s discretion is judicial and not arbitrary in nature. Such judicial discretion must be exercised within the ambit of Section 24, considering the objective of the Act and adhering to the ideal principles of the matrimonial law,” Justice Manmadha Rao said.

The court further pointed out that the Hindu Marriage Act, under Section 24, does not lay down any rigid rule for deciding the quantum of interim maintenance. The court has now remitted the matter back to the family court for fresh consideration about the affidavit of assets and liabilities along with other materials.