Maintenance pendente lite and expenses of proceedings
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Summary
Where a spouse lacks independent income to support themselves and meet the necessary expenses of the proceedings, the court can order the other spouse to pay the petitioner’s legal expenses and a reasonable monthly sum during the case, taking both incomes into account. The spouse seeking relief must apply, and the court should, as far as possible, dispose of that application within sixty days after notice is served.
Example
Priya files a divorce petition but has no income. She applies for expenses and maintenance during the case; the court orders her husband to pay her litigation costs and a monthly sum calculated from both their incomes, and aims to decide the application within sixty days of service.
Bare Act
Enacted textWhere in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.
Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.
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